J  K 

3125 

1914 

.A6 

DOCS 


Commonweal: 


;sAOii 


PUBbi(>UED  b\    ilth 

SECRETARY  OF  THE  COMMONWEALTH. 


BOSTON: 

WEIGHT  k  POTTER  PRINTING  CO.,  STATE  PRINTERS, 

32  DERNE  STREET. 

1914, 


CONSTITUTION 


COMMONWEALTH  OF  MASSACHUSETTS. 


PUBLISHED  BY  THE 

SECRETARY  OF  THE  COMMONWEALTH. 


^ 


BOSTON : 
WRIGHT   &  POTTEE  PRINTING  CO.,   STATE   PRINTERS, 
32  DERNE  STREET. 
1914. 


1 


A    CONSTITUTION 

OK 

FORM    OF    GOVERNMEIsrT 

FOR 


PREAMBLE. 

The  end  of  the  institution,  maintenance,  and  administra-  objects  of 
tion  of  government,  is  to  secure  the  existence  of  the  body  go'^emment. 
politic,  to  protect  it,  and  to  furnish  the  individuals  who 
compose  it  with  the  power  of  enjoying  in  safety  and  tran- 
quillity their  natural  rights,  and  the  blessings  of  life  :  and 
whenever  these  great  objects  are  not  obtained,  the  people 
have  a  right  to  alter  the  government,  and  to  take  meas- 
ures necessary  for  their  safety,  prosperity,  and  happiness. 

The  body  politic  is  formed  by  a  voluntary  association  Body  poiiuc, 
of  individuals  :  it  is  a  social  compact,  by  which  the  whole  ifs^aui^!*^' 
people  covenants  with  each  citizen,  and  each  citizen  with 
the  whole  people,  that  all  shall  be  governed  by  certain 
laws  for  the  common  good.  It  is  the  duty  of  the  people, 
therefore,  in  framing  a  constitution  of  government,  to  pro- 
vide for  an  equitable  mode  of  making  laws,  as  well  as  for 
an  impartial  interpretation  and  a  faithful  execution  of 
them  ;  that  every  man  may,  at  all  times,  find  his  security 
in  them. 

We,  therefore,  the  people  of  Massachusetts,  acknowl- 
edging, with  grateful  hearts,  the  goodness  of  the  great 
Legislator  of  the  universe,  in  affording  us,  in  the  course 
of  His  providence,  an  opportunity,  deliberately  and  peace- 

333103 


CONSTITUTION   OF  THE 

ftbly,  -svitliout  Ihiud,  viokMico,  or  surprise,  of  entering  into 
an  ()rii2:injil,  explicit,  and  solemn  coniimet  with  each  other; 
and  ot"  rorniing'  a  new  constitution  of  civil  government, 
for  ourselves  and  i)osterity  ;  and  devoutly  imploring  His 
direction  in  so  interesting  a  design,  do  agree  upon,  ordain, 
and  establish,  the  following  Declaration  of  Rights^  and 
Frame  of  Government,  as  the  Constitution  of  the  Com- 
monwealth OF  Massachusetts. 


PART    THE    FIRST. 

A  Declaration  of  the  llights  of  the    Inliahitants  of  the 
Commonwealth  of  3fassachiiseits. 

naTurai*right8         ARTICLE  I.     All  uicn  are  born  free  and  equal,  and  have 
ofaiiiueu.        certain  natural,  essential,  and  unalienable  rights;  among 
which  may  be  reckoned  the  right  of  enjoying  and  defend- 
ing their  lives  and  liberties ;    that  of  acquiring,  possess- 
ing, and  protecting  property  ;  in  fine,  that  of  seeking  and 
obtaining  their  saietv  and  happiness. 
^ffumAtnl       II-     It  is  the  right  as  well  as  the  duty  of  all  men  in 
Prolecticri?'^'     society,  publicly,  and  at  stated  seasons,  to  worship  the 
therein.  SupREME  Being,  the  great  Creator  and  Preserver  of  the 

12  Allen,  12!^.  univei'se.  And  no  subject  shall  be  hurt,  molested,  or 
restrained,  in  his  person,  liberty,  or  estate,  for  worship- 
ping God  in  the  manner  and  season  most  agreeable  to  the 
dictates  of  his  own  conscience  ;  or  for  his  religious  pro- 
fession of  sentiments ;  provided  he  doth  not  distiu-b  the 
public  peace,  or  obstruct  others  in  their  religious  w^orship. 
Amendmente         uj.     [As  the  happiucss  of  a  Dcople,  and  the  o'ood  order 

Art.  XI.  subeti-  L  ,  II  ^  1         r      '  .    ?i        i  i 

tuted  for  this,    and  preservation  ot  civil  government,  essentially  depend 

upon  piety,  religion,  and  morality;  and  as  these  cannot 

be  generallj^  ditt'used  through  a  community  but   b}^  the 

institution  of  the  public  worship  of  God,  and  of  public 

Empowered  to    instructious  in  piety,  religion,  and  morality:  Therefore, 

compel  provi-    to  proiiiote  their  happiness,  and  to  secure  the  good  order 

bIou  for  public  {  .  ...  i/»i' 

worship;  and  preservation  of  their  government,  the  peo})le  ot  this 

commonwealth  have  a  riij-ht  to  invest  their  legislature  with 
power  to  authorize  and  require,  and  the  legislature  shall, 
from  time  to  time,  authorize  and  require,  the  several  towns, 
parishes,  precincts,  and  other  bodies  politic,  or  religious 
societies,  to  make  suitable  provision,  at  their  own  expense, 
for  the  institution  of  the  public  Avorship  of  God,  and  for 


COMMONWEALTH   OF   ^L^SSACHUSETTS.  5 

the  support  and  maintenance  of  public  Protestant  teachers 
of  piety,  religion,  and  moralit}^  in  all  cases  where  such 
provision  shall  not  be  made  voluntarily. 

And  the  people  of  this  commonwealth  have  also  a  right  attTifdanc°^°^ 
to,  and  do,  invest  their  legislature  with  authority  to  enjoin  thereon. 
upon  all  the  subjects  an  attendance  upon  the  instructions 
of  the  public  teachers  aforesaid,  at  stated  times  and  sea- 
sons, if  there  be  an}^  on  whose  instructions  they  can  con- 
scientiously and  conveniently  attend. 

Provided,  notwithstanding,  that  the  several  towns,  par-  Exclusive  right 
ishes,  precincts,  and  other  bodies  politic,  or  religious  socie-  "Jui^teacheTi'^' 
ties,  shall,  at  all  times,  have  the  exclusive  right  of  electing  secured. 
their  public  teachers,  and  of  contracting  with  them  for 
their  support  and  maintenance. 

r„,K:^^4-    +^  +U^  ^,,^,^^,.4-  ^^  Option  as  to 

bom  parochial 
ses  may  be 
paid,  unless, 

if  he  require  it,  be  uniformly  applied  to  the  support  of  the  etc. 
public  teacher  or  teachers  of  his  own  religious  sect  or  de- 
nomination, provided  there  be  any  on  whose  instructions 
he  attends  ;  otherwise  it  may  be  paid  towards  the  support 
of  the  teacher  or  teachers  of  the  parish  or  precinct  in  which 
the  said  moneys  are  raised. 

And  every  denomination  of  Christians,  demeaning  them-  Aiidenomina. 
selves  peaceably,  and  as  good  subjects  of  the  commonwealth,  protected!  ^ 
shall  be  equally  under  the  protection  of  the  law :  and  no  subordination 
subordination  of  any  one  sect  or  denomination  to  another  anotherpro'.° 
shall  ever  be  established  by  law.]  hibited. 

IV.  The  people  of  this  commonwealth  have  the  sole  Right  of  self 
and  exclusive  right  of  governing  themselves,  as  a  free,  fecured?^" 
sovereign,  and  independent  state ;    and  do,  and  forever 
hereafter  shall,  exercise  and  enjoy  every  power,  jurisdic- 
tion, and  right,  wliich  is  not,  or  may  not  hereafter  be,  by 

them  expressly  delegated  to  the  United  States  of  America, 
in  Congress  assembled. 

V.  All  power  residing  originally  in  the  people,  and  ^/aiT^ffiJ^Jrl*'' 
being  derived   from   them,  the    several   magistrates  and  etc 
officers  of  government,  vested  with   authority,  whether 
legislative,  executive,  or  judicial,  are    their   substitutes 

and  agents,  and  are  at  all  times  accountable  to  them. 

VI.  No  man,  nor  corporation,  or  association  of  men,  services ren- 
have  any  other  title  to  obtain  advantages,  or  particular  puifuc*beta| 
and  exclusive  privileges,  distinct  from  those  of  the  com-  * cuuir privi-" 
munity,  than  what  arises  from  the  consideration  of  ser-  iafy^officetlire 
vices  rendered    to    the  public ;    and    this    title    being  in  absurd  and 
nature  neither  hereditarj^,  nor  transmissible  to  children, 


6  CONSTITUTION   OF   THE 

or  doscondnnts,  or  relations  by  blood,  the  idea  of  a  man 
horn  a  nuigistnite,  lawgiver,  or  judge,  is  absurd  and 
unnatunil. 

obje«uofKov-        Yij       (Tovernmcnt  is  instituted  for  the  common  good; 

of  i><K.pioio       for  the  protection,  safety,  prosperity,  and  happiness  of  the 

c^ginT  people  ;  and  not  for  the  profit,  honor,  or  private  interest 
of  any  on(>  man,  family,  or  class  of  men  :  Therefore  the 
|)eoi)l('  alone  have  an  incontestiible,  unalienable,  and  inde- 
feasible right  to  institute  government;  and  to  reform, 
alter,  or  totally  change  tlie  same,  when  their  protection, 
safety,  prosperity,  and  happiness  require  it. 

I*"*'^.rl^*?i''^       Vill.      In  order  to  prevent  those  who  are  ycsted  with 

lo  secure  roia-  i 

uoninoiiico.      authority  from  becoming  oppressors,  the  people  have  a 
right,  at  such  periods  and  in  such  manner  as  they  shall 
establish   by  their  frame  of  government,  to  cause  their 
public  oflicers  to  return  to  private  life  ;    and    to  fill  up 
vacant  places  by  certain  and  regular  elections  and  appoint- 
ments. 
^uliSo,.?^        IX.     All  elections  ought  to  be  free  ;  and  all  the  inhab- 
rualh-^eii^bic  Jtaiits  of  tliis  commonwealth,  having  such  qualifications  as 
to  oiuce.  For    they  sliall  establish  by  their  frame  of  government,  have  an 

the  deHnition  of  '    ,      .     ,  ,  ^  ,,^  ^  ,''        ,  i      /•  ,  t 

"Inhabitant,"     ecuKil  rii>ht  to  clcct  oifacers,  and  to  be  elected,  tor  public 

oee  Ch.  1,  Sect.         '      ,     .    "  ,  ^ 

2,  Art.  II.  employments.  122  Mass,  595, 596, 

Right  of  protec-      X.     Each  individual  of  the  society  has  a  rig-ht  to  be 

tlou  aud  duty  of  ..  ^  n"i  •      tc       t 

contribution  protected  by  it  in  the  enjoyment  of  his  me,  liberty,  and 
Ta"«hion  property,  according  to  standing  laws.     He  is  obliged,  con- 

con"cut^.°°  sequently,  to  contribute  his  share  to  the  expense  of  this 
MMck*'4if**'  protection  ;  to  give  his  personal  service,  or  an  equivalent, 
7^inck;344!  ^  when  necessary  :  but  no  part  of  the  property  of  any  indi- 
16 lick. 87.'    *'  vidual  can,  with  justice,  be  taken  from  him,  or  applied  to 


23  rick.  360. 
7  Met.  388. 
4  Orav.  474 


7  Met. 388.         pubUc  uscs,  without  his  own  consent,  or  that  of  the  repre- 


7  0ray',363:  scutiitivc  bodv  of  tlic  pcople.     In  fine,  the  people  of  this 

lAiii'vso*.'  t'onimonwealth  are   not   controllable    by  any  other    law\s 

4AUen;474.  tluiu    thosc   to  whicli   tlicir  constitutional   representative 

Trty  nWX  ^^^^h'  1^'^^'G  given  their  consent.     And  whenever  the  pub- 

n.erJuhout!"*'  ^^^  exigencies  require  that  the  property  of  any  individual 

etc.           '  should  be  ai)propriated  to  public  uses,  he  shall  receive  a 

.■^ec  amend-  ii                                 i>           ii/. 

ment^,  Art.  reasonable  compensation  therefor. 

XXXIX. 

6  CuBh.  327.  1  Allen,  150.            103  Mass.  120,  624.     113  Mass.  45.               127  Mass.  50,  52, 

14  Gray,  l.'>5.  H  Allen,  530.            106  Maes.  356,  362.      116  Mass.  463.                 3^8,  363,  410, 413. 

16  Gray,  417,  12  Allen,  22:!,  230.    108  Mass.  202,  213.      126  Mass.  428,  441.      129  Mass.  559. 

431.  100  Mass.  544,  560.     Ill  Mass.  130. 

J^?nr^ee  to'tL  ^I.     Evciy  subjcct  of  thc  commonwcalth  ought  to  find 

iompret^iiiiT'  '?  t-ertain  remedy,  by  having  recourse  to  the  laws,  for  all 

prompt.  injuries  or  wrongs  which  he  may  receive  in  his  person, 

property,  or  character.      He  ought  to  obtain  right  and 


COMMONWEALTH  OF  MASSACHUSETTS.  7 

justice  freely,  and  without  being  obliged  to  purchase  it ; 
completely,  and  without  any  denial ;  promptly,  and  with- 
out delay  ;  conformably  to  the  laws. 

XH.     No  subject  shall  be  held  to  answer  for  any  crimes  Prosecutions 
oroftence,  until  the  same  is  fully  and  plainh^  substantially  Tpick!!!!. 
and  formally,  described  to  him  ;  or  be  compelled  to  accuse,  is  pick'. 434. 
or  fiu-nish  evidence  against  himself.     And  every  subject  2yet.'329!^* 
shall  have  a  right  to  produce  all  proofs  that  may  be  favor-  J^t^^^^j^^^- 
able  to  him  ;  to  meet  the  witnesses  against  him  face  to  face,  &  Gray'  leo. 
and  to  be  fully  heard  in  his  defence  by  himself,  or  his  10  Gray,  11* 
counsel,  at  his  election.     And  no  subject  shall  be  arrested,  2^Aireif,'3f/." 
miprisoned,  despoiled,  or  deprived  of  his  property,  immu-  24ot264°'439^~ 
nities,  or  privileges,  put  out  of  the  protection  of  the  law,  iP\i,g„  -^.^ 
exiled,  or  deprived  of  his  life,  liberty,  or  estate,  but  by  the  97  kass.'s-o,' 
judgment  of  his  peers,  or  the  law  of  the  land.  lo'oMass. 287, 

107  Mass.  172,  ISO.   118  Mass.  443,  451.   122  Mass,  332.   127  Mass.  550,  554.    lOSMass.  418 

108  Mass.  5,  6.      120  Mass.  118,  120.   124  Mass.  464.   129  Mass.  559. 

And  the  legislature  shall  not  make  any  law  that  shall  Rigtt  to  trial 

'^  .,...''  .   ,  ^y  jury  in 

subiect  anv  person  to  a  capital  or  infamous  i:)unishment,  criminal  cases, 

•  '  except  etc 

excepting  for  the  government  of  the  army  and  navy,  with-  s  Gray,  329, 373. 
out  jrialby  jury.  _  .        .      \  io3Mass.4i8. 

Xni.     In  criminal  prosecutions,  the  verification  of  facts.  Crimes  to  be 
in  the  vicinit}'  where  they  happen,  is  one  of  the  great- vic^iluy!" *^^ 
est  securities  of  the  life,  liberty,  and  property  oi"  the  121 'auss! w,  62. 
citizen. 

XIV.  Every  subiect  has  a  right  to  be  secure  from  all  Rigw  of  search 

J  J  b  ^    1  .  1  .      *"<i  seizure 

unreasonable  searches,  and  seizures,  01    his  person,  his  regulated. 
houses,  his  papers,  and  all  his  possessions.     All  warrants,  Amend°tiv. '' 
therefore,  are  contrary  to  this  right,  if  the  cause  or  founda-  soushfseb. 
tion  of  them  be  not  previously  supported  by  oath  or  affir-  {3^Jray,^454. 
illation,  and  if  the  order  in  the  warrant  to  a  civil  officer,  to  ioo'Mas°8 'is^e 
make  search  in  suspected  places,  or  to  arrest  one  or  more  J^o. 

if'.  -         1,  X  126  Mass.  269, 

suspected  persons,  or  to  seize  their  property,  be  not  accom-  273. 
panied  with  a  special  designation  of  the  persons  or  objects 
of  search,  arrest,  or  seizure  :  and  no  warrant  ought  to  be 
issued  but  in  cases,  and  with  the  formalities  prescribed  by 
the  laws. 

XV.  In  all  controversies  concerning  property,  and  in  Right  to  trial 
all  suits  between  two  or  more  persons,  except  in  cases  in  exclptfetc!'^^^' 
which  it  has  heretofore  been  otherways  used  and  practised,  AmemnviL' 
the  parties  have  a  right  to  a  trial  by  jury  ;  and  this  method  2  ^i^^--^^^- 
of  procedure  shall  be  held  sacred,  unless,  in  causes  arising  5  Gray,  144. 
on  the  high  seas,  and  such  as  relate  to  mariners'  wages,  11  Aiieiit'574, 
the  legislature  shall  hereafter  find  it  necessary  to  alter  it.  io2*Mas8.45,47. 

114  Mass.  388,  390.      122  Mass.  505,  516.      125  Mass.  182, 188. 
120  Mass.  320,  321.      123  Mass.  590,  593.      128  Mass.  600. 


CONSTITUTION   OF  THE 


Liberty  of  tlio 
pro**. 


Right  to  keep 
aim  bear  iirim<. 
8taiultiiKiiniilei 
daiiKoroui*. 
MlUtftrv  power 
Bubordluato  to 
civil. 
SOrav,  121. 


Moral  qualillca. 
Uooa  (or  otHce. 


Moral  obliga- 
tions of  law- 
givers and 
magistrates. 


Right  of  people 
to  instruct  rep- 
resentatives 
and  petition 
legislature. 


rower  to  BUS- 
pend  the  laws 
or  their  execu- 
tion. 


Freedom  of  de. 
bate,  etc.,  and 
reason  thereof. 


Frequent  ses- 
sions, and  ob- 
jects thereof. 


Taxation 
founded  on 
consent. 
8  Allen,  247. 


XVI.  The  liberty  of  the  prcs.s  is  essential  to  the  sccu- 
ritv  of  fivcdoiu  in  a  stute  :  it  ought  not,  therefore,  to  be 
rcstmined  in  this  coniinoinvcalth. 

XVII.  The  people  have  a  right  to  keep  and  to  bear 
arms  for  the  common  defence.  And  as,  in  time  of  peace, 
armies  are  dangerous  to  liberty,  they  ought  not  to  be 
maintained  "without  the  consent  of  the  legislature  ;  and 
the  military  power  shall  always  be  held  in  an  exact  subor- 
dination to  the  civil  authority,  and  be  governed  by  it. 

XVIII.  A  frequent  recurrence  to  the  fundamental 
principles  of  the  constitution,  and  a  constant  adherence 
to  those  of  piet}',  justice,  moderation,  temperance,  indus- 
try, and  frugality,  are  absolutely  necessary  to  preserve  the 
advantages  of  liberty,  and  to  mainttiin  a  free  government. 
The  people  ought,  consequently,  to  have  a  particular  atten- 
tion to  all  those  principles,  in  the  choice  of  their  officers 
and  representatives  :  and  they  have  a  right  to  rcquu-e  of 
their  lawgivers  and  magistrates  an  exact  and  constant 
observance  of  them,  in  the  formation  and  execution  of  the 
laws  necessary  for  the  good  administration  of  the  common- 
wealth. 

XIX.  The  people  have  a  right,  in  an  orderly  and  peace- 
able manner,  to  assemble  to  consult  upon  the  common 
good;  give  instructions  to  their  representatives,  and  to 
request  of  the  legislative  body,  by  the  way  of  addresses, 
petitions,  or  remonstrances,  redress  of  the  wrongs  done 
them,  and  of  the  grievances  they  suffer. 

XX.  The  power  of  suspending  the  laws,  or  the  execu- 
tion (jf  the  laws,  ought  never  to  be  exercised  but  by  the 
legislature,  or  by  authority  derived  from  it,  to  be  exer- 
cised in  such  particular  cases  only  as  the  legislature  shall 
expressly  provide  for. 

XXI.  The  freedom  of  deliberation ,  speech,  and  debate , 
in  either  house  of  the  legislature,  is  so  essential  to  the 
rights  of  the  people,  that  it  cannot  be  the  foundation  of 
any  accusation  or  prosecution,  action  or  complaint,  in  any 
other  court  or  place  whatsoever. 

XXII.  The  legislature  ought  frequently  to  assemble 
for  the  redress  of  gi-ievances,  for  correcting,  strengthening, 
and  confirming  the  laws,  and  for  making  new^  laAvs,  as  the 
common  good  may  require. 

XXIII.  No  subsidy,  charge,  tax,  impost,  or  duties 
ought  to  be  established,  fixed,  laid,  or  levied,  under  any 
pretext  whatsoever,  without  the  consent  of  the  people  or 
their  representatives  in  the  legislature. 


COMMONAVEALTH   OF   MASSACHUSETTS.  9 

XXIV.  Laws  made  to  punish  for  actions  done  before  Export  facto 
the  existence  of  such  laws,  and  which  have  not  been  de-  vilxx^^^l^^' 
clared  crimes  by  preceding  laws,  are  unjust,  oppressive,  ■*-^' •*2*' *^- 
and  inconsistent  with  the  fundamental  principles  of  a  free 
government. 

XXV.  Xo  subject  ought,  in  any  case,  or  in  any  time,  Legislature  not 
to  be  declared  guilty  of  treason  or  felony  by  the  legis-  treaso^.'etc. 
lature . 

XXVI.  No  magistrate  or  coiu't  of  law  shall  demand  o/gnefraiKT'^ 
excessive  bail  or  sureties,  impose  excessive  fines,  or  inflict  cruei  punish. 

'         i  '  ments,  pro- 

cruel  or  unusual  punishments.  5 Gray, 482.  hiMted. 

XXVn.     In  tune  of  peace,  no  soldier  ought  to  be  quar-  No  soldier  to  be 
tered  in  any  house  without  the  consent  of  the  owner  ;  and  houseyuniess^^ 
in  time  of  war,  such  quarters  ought  not  to  be  made  but  ^*'^' 
by  the  civil  magistrate,  iira  manner  ordained  by  the  legis- 
lature. 

XXVHI.     No  person  can  in  any  case  be  subject  to  law-  citizens  exempt 
martial,  or  to  any  penalties  or  pains,  by  virtue  of  that  law,  tiTi^unil's^.^etc. 
except  those  employed  in  the  army  or  navy,  and  except 
the  militia  in  actual  service,  but  by  authority  of  the  legis- 
lature. 

XXIX.  It  is  essential  to  the  preservation  of  the  rights  judges  of  su. 
of  every  individual,  his  life,  liberty,  property,  and  charac-  cou^r  ^"*^'"^^ 
ter,  that  there  be  an  impartial  interpretation  of  the  laws,  f  or'a^y^'tJvi. 
and  administration  of  justice.     It  is  the  right  of  every  ^;^}}|°'^^^ 
citizen  to  be  tried  by  judges  as  free,  impartial,  and  inde-  ^.^^  ^ilg*'*- ^^^» 
pendent  as  the  lot  of  humanity  Avill  admit.     It  is,  therefore ,  f  eiu^e'of  their 
not  only  the  best  policy,  but  for  the  security  of  the  rights  ° 

of  the  people,  and  of  every  citizen,  that  the  judges  of  the 
supreme  judicial  court  should  hold  their  offices  as  long  as 
they  behave  themselves  well ;  and  that  the}^  should  have 
honorable  salaries  ascertained  and  established  by  standing  salaries. 
laws . 

XXX.  In  the  government  of  this  commonwealth,  the  Separation  of 
legislative  department  shall  never  exercise  the  executive  ciai^andl'egis.*' 
and  judicial  powers,  or  either  of  them  :  the  executive  shall  menTsf^^'"^'' 
never  exercise  the  legislative  and  judicial  powers,  or  either  2  Aiien.lci, 
of  them :  the  judicial  shall  never  exercise  the  legislative  ?„-;yyf°'-"\I^.?"''^- 

•  *    1  f*       -x  ii«       1"'J  Mass.  ^oJj 

and  executive  powers,  or  either  01  them :  to  the  end  it  sse. 

^  ^  '  ^  ,  1  -       r.  lU  ilass.  247, 

may  be  a  government  01  laws  and  not  ot  men.  249. 

116  ilass.  S17.  129  Mass.  559. 


10 


CONSTITUTION   OF  TIIE 


Title  of  body 
lH>Utlc. 


PART    TIIE    SECOND. 

The  Frame  of  Government. 

Th(>  people,  inhabiting  the  territory  fornierly  called  the 
Province  of  Ma.ssacliu.sett«  Bay,  do  hereby  solemnly  and 
imitnally  aizree  with  each  other,  to  form  themselves  into  a 
free,  sovereign,  and  independent  body  politic,  or  state,  by 
the  name  of  The  Common wkaltii  of  Massachusetts. 


CHAPTER  I 


Lo(ri«lative 
department. 


For  change  of 
lime,  etc.,  eee 
amendmuntti, 
Art.X. 


Governor's 

veto. 

99  MU8.C3C. 


Bin  may  be 
puiied  by  two- 
thlrdii  of  each 
hoQ^e,  notwUb 
standing. 


THE    LEGISLATIVE    TOWER. 

Section  I. 
The  General  Conrt. 

Article  I.  The  department  of  legislation  shall  be 
formed  by  two  branches,  a  Senate  and  House  of  Represent- 
atives ;  each  of  which  shall  have  a  negative  on  the  other. 

The  legislative  body  shall  assemble  every  A^ear  [on  the 
last  AVednesday  in  May,  and  at  such  other  times  as  they 
shall  judge  necessary  ;  and  shall  dissolve  and  be  dissolved 
on  the  day  next  preceding  the  said  last  Wednesday  in 
May ;]  and  shall  be  styled,  The  General  Court  of 
Massachusetts. 

11.  No  bill  or  resolve  of  the  senate  or  house  of  repre- 
sentatives shall  become  a  law,  and  have  force  as  such,  until 
it  shall  have  been  laid  before  the  governor  for  his  revisal ; 
and  if  he,  upon  such  revision,  approve  thereof,  he  shall 
signify  his  apijrobation  by  signing  the  same.  But  if  he 
have  any  objection  to  the  passing  of  such  bill  or  resolve,  he 
shall  return  the  same,  together  with  his  objections  thereto, 
in  writing,  to  the  senate  or  house  of  representatives,  in 
whichsoever  the  same  shall  have  originated  ;  who  shall 
enter  the  objections  sent  doAvn  by  the  governor,  at  large, 
on  their  records,  and  proceed  to  reconsider  the  said  bill  or 
resolve.  But  if  after  such  reconsideration,  two-thirds  of 
the  said  senate  or  house  of  representatives,  shall,  notwith- 
standing the  said  ol)jections,  agree  to  pass  the  same,  it 
shall,  together  Avitli  the  objections,  be  sent  to  the  other 
branch  of  the  legislature,  wdierc  it  shall  also  be  reconsid- 
ered, and  if  approved  by  two-thirds  of  the  members  pres- 
ent, shall  have  the  force  of  a  law :  but  in  all  such  cases, 


COMMONWEALTH   OF   ^lASSACHUSETTS.  11 

the  votes  of  both  hoases  shall  be  determined  by  yeas  and 
nays  ;  and  the  names  of  the  persons  voting  for,  or  against, 
the  said  bill  or  resolve,  shall  be  entered  upon  the  public 
records  of  the  commonwealth. 

And  in  order  to  prevent  unnecessary  delays,  if  any  bill  in  case  of  ad- 
or  resolve  shall  not  be  returned  by  the  governor  within  the'|e™e?ai° 
five  days  after  it  shall  have  been  presented,  the  same  shall  ?he  five  day", 

have  the  force  of  a  laAV.  3  Mass.  56-.  mini"  Art.  i'. 

III.  The  general  court  shall  forever  have  full  power  Gener'ai coiirt 
and    authority  to  erect   and    constitute  judicatories   and  j^idlcatoAes^*^ 
courts  of  record,  or  other  courts,  to  be  held  in  the  name  o?d'etc.* '^^*'' 
of  the  conmion wealth,  for  the  hearing,  trying,  and  deter-  j2*Gra' ^i47 
mining  of  all  manner  of  crimes,  offences,  pleas,  processes,  154. 
plaints,  actions,  matters,  causes,  and  things,  whatsoever, 

arising  or  happening  within  the  commonwealth,  or  between 
or  concerning  persons  inhabiting,  or  residing,  or  brought 
within  the  same  :  Avhether  the  same  be  criminal  or  civil, 
or  whether  the  said  crimes  be  capital  or  not  capital,  and 
whether  the  said  pleas  be  real,  personal,  or  mixed  ;  and 
for  the  awarding  and  making  out  of  execution  thereupon. 
To  which  courts  and   iudicatories  are  herebv  oiven  and  Courts  etc., 

•'  '      &  may  administer 

granted  full  power  and  authority,  from  time  to  tmie,  to  oaths. 
administer  oaths  or  affirmations,  for  the  better  discovery 
of  truth  in  any  matter  in  controversy  or  depending  before 
them . 

IV.  And  further,  full  power  and  authority  are  herebv  General  court 
given  and  granted  to  the  said  general  court,  from  time  to  etc? 

time  to  make,  ordain,  and  establish,  all  manner  of  whole-  4  Alien', 473. 
some  and  reasonable  orders,  laws,  statutes,  and  ordinances,  237^^'^"'  "^' 


100  Mass.  544, 

557. 


directions  and  instructions,  either  with  penalties  or  with- 
out ;  so  as  the  same  be  not  repugnant  or  contrary  to  this  "o  Mass.  407, 
constitution,  as  they  shall  judge  to  be  for  the  good  and     may  enact 
welfare  of  this  commonwealth,  and  for  the  government  J.gpy^„!fnjt°* 
and  ordering  thereof,  and  of  the  subjects  of  the  same,  and  g^l^ii^^^^gsg"""' 
for  the  necessary  support  and  defence  of  the  government 
thereof;  and  to  name  and  settle  annually,  or  provide  by     may  provide 
fixed  laws  for  the  naming  and  settling,  all  civil  officers  orVppotntme^n't 
within  the  said  commonwealth,  the  election  and  consti-  u5°Mas8!602. 
tution  of  whom  are  not  hereafter  in  this  form  of  govern- 
ment otherwise  provided  for ;  and  to  set  forth  the  several  th"r  dStfe^s!"^^ 
duties,  powers,  and  limits,  of  the  several  civil  and  military 
officers  of  this   commonwealth,  and   the   forms    of  such 
oaths  or  affirmations  as  shall  be  respectively  administered 
unto  them  for  the  execution  of  their  several  offices  and 
places,  so  as  the  same  be  not  repugnant  or  contrary  to 


12  CONSTITUTIOX   OF  THE 

Gciwrni court     ^jjj^  constitution;    unci  to  impose  and  levy  proportional 

may  impose  i  i  "  ii      i 

uxw, etc.  aiul  rcasonabli'  assossuicnts,  rates,  and  taxes,  upon  ail  the 
men'ta. Art.  iMlialMtauts  ot",  and  persous  resident,  and  estates  lying, 
i2Mlu». 252.  within  tlu'  .^aid  commonwealth;  and  also  to  impose  and 
6  Allen;  ws!  levy  rea.sonable  duties  and  excises  upon  any  jn-oduce, 
loWionfi^ls!^*  goods,  wares,  merchandise,  and  commodities,  whatsoeyer, 
brought  into,  j)roduced,  manulactured,  or  being  Ayithin 
the  same  ;  to  be  is.sued  and  disposed  of  by  warrant,  under 
the  hand  of  the  goyernor  of  this  commonwealth  for  the 
time  being,  with  the  advice  and  consent  of  the  council, 
for  the  public  service,  in  the  necessary  defence  and  sup- 
j)ort  of  the  goyernment  of  the  said  commonwealth,  and 
the  protection  and  preservation  of  the  subjects  thereof, 
according  to  such  acts  as  are  or  shall  be  in  force  within 
the  .same. 

And  Avhile  the  public  charges  of  government,  or  any 
ta?!«?^ot'"rtrbo  P^'"*'  thereof,  shall  be  assessed  on  polls  and  estates,  in  the" 
dispo^ijoffor    manner   that   has  hitherto  been  iwictised,  in  order  that 

defence,  protec-  i  •   i  i-  i 

sAii'^'^-^i?  256  ''^^*^'  assessments  may  be  made  with  equality,  there  shall 
Valuation  of  ^c  ^  valuation  of  estates  Avithin  the  commonwealth,  taken 
ten'l^^'!'?t'°  anew  once  in  every  ten  years  at  least,  and  as  much  oftener 
sTi'icn  m!' *'*^*  '^^  ^^^  general  court  shall  order. 


11  Allen. 

•;(v<. 

12AI1.M1. 

77.  L'23 

2W.:'!v 

I''. 

29S.:!^-, 

3i:i..'. 

W   M:.^-. 

!■'.' 

ino  Mns- 

:•<.'>. 

101  Mom 

575. 

5S5. 

103  Mnw 

267. 

IMMius 

3SS. 

391. 

IIA  Miwts 

4fil. 

lISMius 

380. 

380. 

133  Mass.  493. 

405. 

127  Mass 

413. 

126  Mass.  547. 


For  the  authority  of  tlie  general  court  to  charter  cities,  ace  amendments,  Art.  II. 
For  tlie  state  wide  referendum  on  bills  and  resolves  of  the  general  court,  see 
amendments,  Art.  XLII. 


CHAPTER   I. 

Sectiox  n. 

Senate. 
S^andbT""""      Article  I.     [There  shall  be  annually  elected,  by  the 
supeTHt-dwi^V    freeholders  and  other  inhabitants  of  this  commonwealth, 
"ut^xm'"*'     'l^alified  as  in  this  constitution  is  provided,  forty  persons 
which  wuB  also  to  be  councillors  and  senators  for  the  year  ensuing  their 
amendinc^nts,^    clectioii ;  to  bc  choscu  by  the  inhabitants  of  the  districts 
'^^■'^""        into  which  the  commonwealth  may,  from  time  to  time,  be 
divided  bv  the  general  court  for  that  purpose  :  and  the 
general  court,  in  assigning  the  numbers  to  be  elected  by 
the  respective  districts,  shall  govern  themselves  by  the  pro- 
portion of  the  public  taxes  paid  by  the  said  districts  ;  and 
toLd'lTr"."  timely  make;  known  to  the  inhabitants  of  the  comnion- 
JJ^nu^Art    '    '^^''■a'tli  the  limits  of  each  district,  and  the  number  of  coun- 
XVI.''    ■       cillors  and  .senators  to  be  chosen  therein;  provided,  that 
the  number  of  such  districts  shall  never  be  less  than  thu'- 


COMMONWEALTH   OF   MASSACHUSETTS.  13 

teen  ;    and  that  no  district  be  so  large  as  to  entitle  the 
same  to  choose  more  than  six  senators. 

And  the  several  counties  in  this  commonwealth  shall,  counties  to  be 

,  .  '   distnctB,  until, 

until  the  general  court  shall  determine  it  necessary  to  etc. 
alter  the  said  districts,  be  districts  for  the  choice  of  coun- 
cillors and  senators,  (except  that  the  counties  of  Dukes 
Count}'  and  Nantucket  shall  form  one  district  for  that  pur- 
pose) and  shall  elect  the  following  number  for  councillors 
and  senators,  viz.  :  —  Suftblk,  six  ;  Essex,  six  ;  Middlesex, 
five  ;  Hampshire,  four  ;  Plymouth,  three  ;  Barnstable,  one  ; 
Bristol,  three  ;  York,  two  ;  Dukes  County  and  Nantucket, 
one  ;  Worcester,  five  :  Cumberland,  one  ;  Lincoln,  one  ; 
Berkshke,  two.] 

II.     The  senate  shall  be  the  first  branch  of  the  legislat-  Manner  and 

•        1        /•   11         •  timeofeboosing 

ure  ;  and  the  senators  shall  be  chosen  in  the  following  man-  senators  aud^ 
ner,  viz.  :  there  shall  be  a  meeting  on  the  [first  Monday  in  amendmentBt 
April,]  annually,  forever,  of  the  inhabitants  of  each  town  xv!' a's^'"'^ 
in  the  several  counties  of  this  commonwealth  -    -  -  - 


by  the  selectmen,  and  warned  in  due  course  of  law,  at  p^:^l^{^ 


isions  as  to 


least  seven  days  before  the  [first  Monday  in  April,]  for  qualifications  of 

.^       _  L  '^  i     _    '  J  voters,  smier- 


voters,  super- 


the  purpose  of  electing  persons  to  be  senators  and  coun-  sodedbyamend 
cillors  ;    [and  at  sucli  meetings  eveiy  male  inhabitant  of  m"  xx.,  *" 
twenty-one  vears  of  age  and  upwards,  havinc"  a  freehold  xxx"xxxi. 

andXXXlI. 

Word"lnbabi. 

three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  g''e"eris'!famend. 
shall  have  a  right  to  give  in  his  vote  for  the  senators  for  ments,  Art. 
the  district  of  which  he  is  an  inhabitant.]     And  to  remove  was annu^ued by 
all  doubts  concerning  the  meaning  of  the  word  ' '  inhabi-  12  dray,  21.' 
tant"  in  this  constitution,  every  person  shall  be  considered  122 Mass.  590, 
as  an  inhabitant,  for  the  purpose  of  electing  and  being 
elected  into  any  office,  or  place  within  this  state,  in  that 
town,  district,  or  plantation  where  he  dwelleth,  or  hath 
his  home. 

The   selectmen   of  the  several  towns  shall  preside  at  selectmen  to 


such  meetings  impartially ;  and  shall  receive  the  votes  of  meetings 
all    the  inhabitants  of  such  toAvns  present  and  qualified 
to  vote  for  senators,  and  shall  sort  and  count  them    in 
open  town  meeting,  and  in  presence  of  the  town  clerk.  Return  of  votes. 
who  shall  make  a  fair  record,  in  presence  of  the  select- 
men, and  in  open  town  meeting,  of  the  name   of  every 
person  voted  for,  and  of  the  number  of  votes  against  his 
name  :  and  a  fair  copy  of  this  record  shall  be  attested  by  "^^^  *°(j°jjj*'^!'/*® 
the  selectmen  and  the  town  clerk,  and  shall  be  sealed  up.  Art.  11. 
directed  to  the  secretary  of  the  commonwealth   for   the 
time  being,  with  a  superscription,  expressing  the  purport 


14  CONSTITUTION   OF   THE 

of  the  coiiti'iits  tlicn-of,  and  delivered  by  the  town  clerk 

of  sueh  towns,  to  the  .sheriff  of  the  eounty  in  which  such 

Time chanuwi^  town   lies,  thirty  diiy.s  at  least  befoi-e  [the  last  AVednes- 

dlyof jan.iBo'.  (lav  in  ^hxv]  annually;  or  it  shall  be  delivered  into  the 

m'o'nu! Art.  X.   secretary's  olHce  seventeen  days  at  least  before  the  said 

[last  Wednesday  in  May:]  and  the  sheriff  of  each  county 

shall   deliver  all  such  certificates  by  him  received,    into 

the  secretary's  office,  seventeen  days  before  the  said  [last 

Wednesday  in  May.] 

inimbuanuof         ^^,,^1    ^jj^,    inhabitants    of    plantations    unincorporated, 

piiiutnuoim,       (lualified  as  this  constitution  iirovides,  Mho  arc  or  shall 

who  piiy  fUU*        I  1  1  •        I     /  i  ^i 

laves  may  vote,  bc  ciupowercd  aiul  re(iuircd  to  assess  ta.Kes  upon  tliem- 

selves    toward    the    su{)port  of   government,   shall    have 

the  same  privilege  of  voting  for  councillors  and  senators 

in  the  plantations  where  they  reside,  as  town  inhabitants 

raceti^Ks"         ^^"'^''^  ^"  tlicir  rcspcctivc  towns  ;  and  the  plantation  ineet- 

Timo  of  dec-      jj^o-.s  for  that  i:)urpose  shall  be  held  annually  [on  the  same 

Uon  cliMiged  by    ,,  f^^'        ,         ,        '.       \         .,-,  ,  ,  ,  •       A  ^        ^    ^• 

BraeiKimeut*,     (u-.st  Moiidav  111  April],  at  such  place  m  the  plantations, 
AHeisorMo      rcspectivelv ,  as  the  a.ssessors  thereof  shall  direct;  Avhich 
noufy.ctc         asscssors  shall  have  like  authority  for  notifying  the  elec- 
tors, collecting  and  returning  the  votes,  as  the  selectmen 
and  town  clerks  have  in  their  several  towns,  by  this  con- 
stitution.    And  all  other  persons  living  in  places  unincor- 
porated ((|ualified  as  aforesaid)  who  shall  be  assessed  to 
the  support  of  government  by  the  assessors  of  an  adjacent 
town,  shall  have  the  privilege  of  giving  in  their  votes  for 
councillors  and  senators  in  the  town  where  they  shall  be 
assessed,  and  be  notified  of  the  place  of  meeting  by  the 
selectmen  of  the  town  M'here  they  shall  be  assessed,  for 
that  purpose,  accordingly. 
Oovoroorand         HI.     And  that  thcrc  may  bc  a  due  convention  of  sena- 

council  to  ex-  i'        •       ^r        -i 

amine  an. I  count  tors  ou  the  [last  W  cdncsdav  in  May]  annually,  the  gov- 
Bninnioni.eii.  criior  with  fivc  of  the  council,  for  the  time  being,  shall, 
tofir*twc§^8.  as  soon  as  may  be,  examine  the  returned  copies  of  such 
b7.menSmc".u.  Tccords  ;  and  fourteen  days  before  the  said  day  he  shall 
Majority  if^suc  his  summons  to  such  persons  as  shall  appear  to  be 

changcato        cho.sen  by  [a  majority  of]  voters,  to  attend  on  that  day, 

pliiralitv  bv  1  1      '    I       •  ■  1  •         1  •  T      1 

ameminient*.  and  take  thcu*  .scats  accordingly  :  provided,  nevertheless, 
that  for  the  first  year  the  said  returned  copies  shall  be 
e.xainincd  by  the  president  and  five  of  the  council  of  the 
former  c(mstitution  of  government ;  and  the  said  president 
.shall,  in  like  manner,  issue  his  .summons  to  the  per.sons 
so  elected,  that  they  may  take  their  seats  as  aforesaid. 
S^Kc'^of  IV.     The  .senate  .shall  be  the  final  judge  of  the  elec- 

•leeuona, etc..    tioiis,  rctunis  and  qualifications  of  their  own  members,  as 


COMMONWEALTH   OF   MASSACHUSETTS.  15 

pointed  out  in  the  constitution;  and  shall,  [on  the  said  g^^^f  ""^'^ '"«'»• 
last  Wednesday  in  May]  annually,  determine  and  declare  Time  changed 
who  are  elected    by  each  district   to   be  senators   [by  a  day  of  January* 
majority  of  votes;  and  in  case  there  shall  not  appear  to  nfent^rArt. x. 
be  the   full    number  of  senators  returned    elected   by  a  changed  to 
majority  of  votes  for  any  district,  the  deticienc}^  shall  be  i'^endmeuts 
supplied  in  the  following  manner,  viz.  :  The  members  of  ^it.xiv. 
the  house  of  representatives,  and  such  senators  as  shall 
be  declared  elected,  shall  take  the  names  of  such  persons 
as  shall  be  found  to  have  the  highest  number  of  votes 
in  such  district,  and  not  elected,  amounting  to  twice  the 
number  of  senators  wanting,  if  there  be  so  manj-  voted 
for ;  and  out  of  these  shall  elect  by  ballot  a  number  of  Vacancies,  how 

/T>    •  r>n  1  •         •  IT-  filled. 

senators  suincient  to  nil  up  the  vacancies  m  such  district ;  changed  to 
and  in  this  manner  all  such  vacancies  shall  be  filled  up  in  peoVie"  ^ 
every  district  of  the  commonwealth ;  and  in  like  manner  me^nt^An. 
all  vacancies  in  the  senate,  arising  by  death,  removal  out  ^^^^^'^• 
of  the  state,  or  otherwise,  shall  be  supplied  as  soon  as  may 
be,  after  such  vacancies  shall  happen.] 

V.  Provided,  nevertheless,  that    no   person  shall   be  Qualifications 
capable  of  being  elected  as  a  senator,  [who  is  not  seised  Prop'crty''quaii- 
in  liis  own  right  of  a  freehold,  within  this  commonAvealth,  fS'' '''''°'" 
of  the  value  of  three  hundred  pounds  at  least,  or  possessed  meVtrTit 
of  personal  estate  to  the  value  of  six  hundred  pounds  at  xiii  ' 

1  f  ^        ^  f     ^  ni        For  further  pro- 

least,  or  ot  both  to  the  amount  oi  the  same  sum,  and]  who  vision  as  to 
has  not  been  an  inhabitant  of  this  commonwealth  for  the  also  amend^.^* 
space  of  five  years  immediately  preceding  his  election,  and,  xxn.'  *^"' 
at  the  time  of  his  election,  he  shall  be  an  inhabitant  in  the 
district  for  which  he  shall  be  chosen. 

VI.  The  senate  shall  have  power  to  adjourn  themselves,  Senate  not  to 
provided  such  adjomniments  do  not  exceed  two  days  at  a  than"two"ay^8. 
time. 


•     .     • .  A-.  1      T    ,  •  • .  1  /•   •**  officers  and 

point  its  own  oiricers,  and  determine   its   own  rules   oi  establish  its 

^  ,.  '  rules. 

proceedings. 

VIII.     The  senate  shall  be  a  court  with  full  authority  j^f ^g^^^^^[^' ^^^^ 
to    hear  and    determine  all    impeachments  made    by  the 
house  of  repres'entatives,  against  any  officer  or  officers 
of  the  commonwealth,  for  misconduct  and  mal-administra- 
tion  in  their  offices.     But  previous  to  the  trial  of  ever}^ 
impeachment  the  members  of  the  senate  shall  respectively 
be  sworn,  truly  and  impartial!}^  to  try  and  determine  the  Oath. 
charge  in  cjuestion,  according  to  evidence.     Their  judg-  Limitation  of 
ment,  however,  shall  not  extend  further  than  to  removal  ^^°*®°°®- 
from  office  and  disqualification  to  hold  or  enjoy  any  place 


16 


CONSTITUTION   OF  THE 


Qnorum.    tJoo 
aniendinontK, 
Art..  XXII. 
and.XXXlII, 


of  honor,  trust,  or  profit,  uiuler  this  coinmonweiilth  ;  but 
tlu'  party  so  convicted  shall  be,  nevertheless,  liable  to 
indictment,  trial,  judgment,  and  punishment,  according  to 
the  laws  of  the  land. 

IX.     [Not    less   than    sixteen  members  of  the  senate 
shall  constitute  a  (juorum  for  doing  business.] 


Uci>roccntati<>ii 
o(  the  people. 


Ucprcecuta- 
llve*,  by  whom 
choBcn. 
Buperfeded  by 
ametidiiicuts, 
Arte.  XII.  mid 
XI II.,  which 
were  also 
t-upiTfeded  by 
Binciulmviits, 
Art.  XXI. 
7  MasB.  523. 


Proviso  08  to 
town»  having 
Ie«8  than  l.'>0 
ratable  polln. 


TownB  liable  to 
fine  In  ca«e,  etc. 


Expense*  of 
trnvelllni;  to 
and  from  the 
ffoiieral  court, 
now  paid. 
Annulled  by 
Art.  XXXV. 


Qtiallflcatlonii 
of  a  repre- 
•entatlve. 


CHAPTER    I. 

Section  III. 

House  of  R€j)resentatives. 

AiiTiCLE  I.  There  shall  be,  in  the  legislature  of  this 
commonwealth,  a  representation  of  the  people,  annually 
I'lected,  and  founded  upon  the  principle  of  equality. 

II.  [And  in  order  to  provide  for  a  representation  of 
the  citizcnsof  this  coinmonAvealth,  founded  upon  the  prin- 
ciple of  equality,  every  corporate  toAvn  containing  one 
hundred  and  fifty  ratable  polls  may  elect  one  represent>- 
ative ;  every  corporate  town  containing  tliree  hundred 
and  seventy-five  ratable  polls  may  elect  two  representa- 
tives ;  every  corporate  town  containing  six  hundred  ratable 
polls  may  elect  three  representatives ;  and  proceeding  in 
that  manner,  making  tAvo  hundred  and  twenty-five  ratable 
polls  the  mean  increasing  number  for  every  additional 
representative. 

Provided,  nevertheless,  that  each  town  now  incorporated, 
not  having  one  hundred  and  fifty  ratable  polls,  may  elect 
one  representative  ;  but  no  place  shall  hereafter  be  incor- 
])oratcd  Avitli  the  privilege  of  electing  a  representative, 
unless  there  are  w^ithin  the  same  one  hundred  and  fifty 
ratable  polls.] 

And  the  house  of  representatives  shall  have  pow^er  from 
time  to  time  to  impose  fines  upon  such  tow^ns  as  shall 
neglect  to  choose  and  return  members  to  the  same,  agree- 
ably to  this  constitution. 

[The  expenses  of  travelling  to  the  general  assembly,  and 
returning  home,  once  in  every  session,  and  no  more,  shall 
be  paid  by  the  government,  out  of  the  public  treasur}'^,  to 
every  member  who  shall  attend  as  seasonably  as  he  can,  in 
the  iudirment  of  the  house,  and  does  not  depart  without 
leave.]"' 

HI.  Every  member  of  the  house  of  representatives 
shall  be  chosen  by  written  votes ;    [and,  for  one  year  at 


COMMON  AVE  ALTH   OF   MASSACHUSETTS.  17 

least  next  preceding  his  election ,  shall  have  been  an  inhab-  >rew  provision 
itant  of,  and  have  been  seised  in  his  own  right  of  a  free-  sle^amend^""^" 
hold  of  the  value  of  one  hundred  pounds  within  the  town  xxi.*'^"^'* 
he  shall  be  chosen  to  represent,  or  any  ratable  estate  to  geationB  abol"' 
the  value  of  two  hundred  pounds;  and  he  shall  cease  to  isbed  by  amend- 
represent  the  said  town  immediately  on  his  ceasing  to  be  xiii,' 
qualified  as  aforesaid.] 

IV.  FEvery  male  person,  being  twenty-one  years  of  Q^iaiificaticns 

J  •  1        i.   •  /•       1       ^  •        j-l   •  of  a  voter. 

age,  and  resident  m  any  particular  town  in  this  common-  These  pro- 
wealth  for  the  space  of  one  3^ear  next  preceding,  having  a  sTdedby'^*^'^ 
freehold  estate  within  the  said  town  of  the  annual  income  !™ri!l[?Cxx., 
of  three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  ^P^^x'xxi 
shall  have  a  right  to  vote  in  the  choice  of  a  representative  and  xxxii. 

,     ,P  ^        ,,  .,    ,  -,  ^  See  also  amp 

or  representatives  lor  the  said  town.]  ments.Art, 

V.  [The  members  of  the  house  of  representatives  shall  wasanmiiiedby 
be  chosen  annually  in  the  month  of  May,  ten  days  at  least  '^^'^^^^^' 
before  the  last  Wednesday  of  that  month.  1  tives,  when 

•^  -J  chosen. 

Time  of  election  changed  by  amendments,  Art.  X.,  and  changed  again  by  amendments, 
Art.  XV. 

VI.  The  house  of  representatives  shall  be  the  grand  House  aione 

„,.  '■  -,   .  in-  1  can  impeach. 

inquest   oi    this    commonwealth ;    and    all   impeachments 
made  by  them  shall  be  heard  and  tried  by  the  senate. 

VII.  All  money  bills  shall  orio-inate  in  the  house  of  House  to  origi. 

,     ,.       ■  1       ,      J 1  ,  nate  all  money 

representatives  ;    but  the  senate  may  propose  or  concur  bius. 
with  amendments,  as  on  other  bills. 

VIII.  The  house  of  representatives  shall  have  power  xot  to  adjourn 
to  adjomni  themselves  ?  provided  such  adjournment  shall  ^^"ys!*^''"*'^*' 
not  exceed  two  days  at  a  time. 

IX.  [Not  less  than  sixty  members  of  the  house  of  Quorum,  see 

L     ,  in  .  ^  T     .  1         .      amendmentti, 

representatives  shall  constitute  a  quorum  tor  doino-  busi-  Arts.  xxi. and 

'-       -.  i  &  XXXIII. 

ness.] 

X.  The  house  of  representatives  shall  be  the  iudge  of  To  judge  of 

1  ,         .  T  ,.^         .  ,.    .  'I       ^  returns,  etc.,  of 

the  returns,  elections,  and  qualmcations  or  its  own  mem-  us  own  mem- 
bers, as  pointed  out  in  the  constitution  ;  shall  choose  their  it"oflicerH'and^ 
own  speaker ;  appoint  their  own  officers,  and  settle  the  rules! etc !*^'* 
rules  and  orders  of  proceeding  in  their  own  house.     They  May  punish 
shall    have  authority  to    punish   by  imprisonment  every  offences?" 
person,  not  a  member,  who  shall  be  guilty  of  disrespect  I'i Gray, 226. 
to  the  house,  by  any  disorderly  or  contemptuous  behavior 
in  its  presence;  or  who,  in  the  town  where  the  general 
court  is  sitting,  and  during  the  time  of  its  sitting,  shall 
threaten  harm  to  the  body  or  estate  of  any  of  its  members, 
for  any  thing  said  or  done  in  the  house ;  or  who  shall 
assault  any  of  them  therefor ;    or  who  shall  assault,  or 
arrest,  an}^  witness,  or  other  person,  ordered  to  attend  the 


18 


COXSTITUTIOX   OF   TIIK 


Sennto. 
Governor  and 
council  may 
punlsli. 

Ueiierul  limita- 
tion. 
U  Urav,  '::20. 


Trial  may  be  by 
committee,  or 
otherwise. 


house,  in  his  way  in  iroiii*^  or  returning;  or  wlio  .shall 
rescue  an}-  jKn'son  arrested  by  the  order  of  the  house. 

And  no  nieniber  of  the  house  of  representatives  shall 
be  arrested,  or  held  to  bail  on  mesne  process,  during  his 
going  unto,  returning  from,  or  his  attending  the  general 
assembly. 

XI.  The  senate  shall  have  the  same  powers  in  the  like 
oases  ;  and  the  governor  and  council  shall  have  the  same 
authority  to  punish  in  like  cases  :  provided,  that  no  mipris- 
onment  on  the  Avarrant  or  order  of  the  governor,  council, 
senate,  or  house  of  representatives,  for  either  of  the  above 
described  olienccs,  be  for  a  term  exceeding  thirty  days. 

And  the  senate  and  house  of  representatives  may  try 
and  determine  all  cases  "where  their  rights  and  privileges 
are  concerned,  and  which,  by  the  constitution,  they  have 
authority  to  try  and  determine,  by  committees  of  their  own 
members,  or  in  such  other  way  as  the}^  may  respectively 
think  best. 


CHAPTER    II. 


EXECUTIVE    POWER. 


His  title. 

To  be  chosen 
annually. 
Qualifications. 
See  ameud- 
meutB,  Arts. 
^^I.  and 

xxxrv. 


Bj'  ■whom 
chosen,  if  he 
have  a  majority 
of  votes. 

Time  of  elec- 
tion chant;ed  by 
ameiiiliueiit.s. 
Art.  X.,  and 
changed  again 
by  amend- 
ments, Art.  iV. 


Section  I. 
Governor. 

Article  I.  There  shall  be  a  supreme  executive  mag- 
istrate, who  shall  be  styled — The  Governor  of  the 
CoMMONAVEALTH  OF  MASSACHUSETTS ;  and  whosc  title 
shall  be  —  His  Excellency. 

H.  The  goA^ernor  shall  be  chosen  annually ;  and  no 
person  shall  be  eligible  to  this  office,  unless,  at  the  tmie  of 
his  election,  he  shall  have  been  an  inhabitant  of  this  com- 
monwealth for  seven  years  next  preceding  ;  [and  unless  he 
shall  at  the  same  time  be  seised,  in  his  own  right,  of  a 
freehold,  within  the  commonAvealth,  of  the  value  of  one 
thousand  pounds  ;]  [and  unless  he  shall  declare  himself  to 
be  of  the  Clii'istian  religion.] 

III.  Those  persons  who  shall  be  qualified  to  vote  for 
senators  and  representatives  within  the  several  towns  of 
this  commonwealth  shall,  at  a  meeting  to  be  called  for 
that  purpose,  on  the  [first  IMonday  of  April]  annuall}', 
give  in  their  votes  for  a  governor,  to  the  selectmen,  who 
shall  preside  at  such  meetings  ;  and  the  town  clerk,  in  the 
l)resence  and  "svith  the  assistance  of  the  selectmen,  shall, 
in  open  town  meeting,  sort  and  count  the  votes,  and  form 


COM^IOXWEALTH   OF   MASSACHUSETTS.  19 

a  \Ut  of  the  persons  voted  for,  with  the  number  of  votes 

for  each  person  against  his  name ;  and  shall  make  a  fair 

record  of  the  same  in  the  town  books,  and  a  public  deck-  As  to  cuies,  see 

ration  thereof  in  the  said  meeting  ;  and  shall,  in  the  pres-  A?t!"ii™^°  *' 

ence  of  the  inhabitants,  seal  up  copies  of  the  said  list, 

attested  by  him  and  the  selectmen,  and  transmit  the  same 

to  the  sheriff  of  the  county,  thu-ty  days  at  least  before  the 

[last  Wednesday  in  May]  ;  and  the  sherift"  shall  transmit  ^X.t^'^^-Xi- 

the  same  to  the  secretarv's  office,  seventeen  days  at  least  day  of  January 

-  .  -^  -  ^  bv  amend- 

belore  the  said  [last  Wednesday  m  JNIay]  ;  or  the  select-  mems,  Art.x. 
men  may  cause  returns  of  the  same  to  be  made  to  the 
office  of  the  secretary  of  the  commonwealth,  seventeen 
days  at  least  before  the  said  day ;  and  the  secretary  shall 
lay  the  same  before  the  senate  and  the  house  of  repre- 
sentatives on  the  [last  AVednesday  in  May] ,  to  be  by  them  changed  to 
examined  ;  and  in  case  of  an  election  by  a  [majority]  of  all  aineudmeuL, 
the  votes  returned,  the  choice  shall  be  by  them  declared  ^'^^■^^^■ 
and  published  ;  but  if  no  person  shall  have  a  [maiority]  of  v.Z7nnTperson 
votes,  the  house  of  representatives  shall,  by  ballot,  elect  ^'^^ '^ p^"^""*^'- 
two  out  of  four  persons  who  had  the  highest  number  of 
votes,  if  so  many  shall  have  been  voted  for  ;   but,  if  other- 
wise, out  of  the  number  voted  for ;  and  make  return  to 
the  senate  of  the  two  persons  so  elected  ;  on  which  the 
senate  shall  proceed,  by  ballot,  to  elect  one,  who  shall  be 
declared  governor. 

IV.  The  governor  shall  have  authority,  from  time  to  Power  of  gov. 

.  T  1  1      "  n     J  j_i  J.1        ernor,  and  or 

time,  at  his  discretion,  to  assemble  and  call  together  the  governor  and 
councillors  of  this  commonwealth  for  the  time  being  ;  and  ''°"""  ' 
the  o-overnor  with  the  said  councillors,  or  five  of  them  at 
least,  shall,  and  may,  from  time  to  time,  hold  and  keep  a 
council,  for  the  ordering  and  directing  the  affairs  of  the 
commonwealth,  agreeably  to  the  constitution  and  the  laws 
of  the  land. 

V.  The  o-overnor,  with  advice  of  council,  shall  have  May  adjourn  or 

&  ,         .  1        .  •  jC   xi  prorogue  the 

full  power  and  authority,  during  the  session  ot  the  gen-  general  court 
eral  court,  to  adjourn  or  prorogue  the  same  to  any  time  aud^onveue  ' 
the  two  houses  shall  deske  ;  [and  to  dissolve  the  same  on  l^.^^^'^'it'soiu- 
the  day  next  preceding  the  last  Wednesday  in  May  ;  and,  *i^,f/;ri'" 
in  the  recess  of  the  said  court,  to  prorogue  the  same  from 
time  to  time,  not  exceeding  ninety  days  in  any  one  recess  ;] 
and  to  call  it  together  so'oner  than  the  time  to  which  it 
may  be  adjourned  or  prorogued,  if  the  welfare  of  the  com- 
monwealth shall  require  the  same  ;    and  in  case  of  any 
infectious  distemper  prevailing  in  the  place  where  the  said 
court  is  next  at  an}^  time  to  convene,  or  any  other  cause 


20 


coxs'irrrTTOx  of  the 


As  to  dissolu- 
tion, xce  iimciid- 
ineiit*,  Art.  X. 

(Jovcrnor  nixl 
council  may 
luljoiiru  till-  gen- 
eral court  ill 
caHOK,  etc.,  but 
not  exceeding 
ninety  days. 


Governor  to  be 
oommander-ln- 
chit'f. 


linppeiiine:,  whorohy  diiiiiivr  may  aris(>  to  the  health  or 
lives  of  the  ineinbers  froiu  their  attendance,  he  may  direct 
the  se.s.sion  to  be  held  at  some  other,  tlie  most  convenient 
place  within  the  state. 

[And  the  governor  shall  dissolve  the  said  general  court 
on  tlie  day  next  preceding  the  hist  Wediu^sda}'  in  ^lay.] 

VI.  In  cases  of  disagre(>iiient  between  the  t"svo  houses, 
with  regjird  to  the  necessity,  expediency,  or  thne  of  ad- 
journment or  prorogation,  the  governor,  with  advice  of 
the  council,  shall  have  a  right  to  adjourn  or  prorogue 
the  general  court,  not  exceeding  ninety  days,  as  he  shall 
determine  the  public  good  shall  require. 

Vn.  The  governor  of  this  conimonwcalth,  for  the  time 
being,  shall  be  the  commander-in-chief  of  the  arni}^  and 
navy,  and  of  all  the  military  forces  of  the  state,  by  sea 
and  land  ;  and  shall  have  full  power,  by  himself,  or  by 
an}^  commander,  or  other  officer  or  officers,  from  time  to 
time,  to  train,  instruct,  exercise,  and  govern  the  militia 
and  navy  ;  and,  for  the  special  defence  and  safety  of  the 
commonwealth,  to  assemble  in  martial  array,  and  put  in 
warlike  jiosture,  the  inhabitants  thereof,  and  to  lead  and 
conduct  them,  and  with  them  to  encounter,  repel,  resist, 
expel,  and  pursue,  by  force  of  arms,  as  well  by  sea  as  by 
land,  within  or  without  the  limits  of  this  commonwealth, 
and  also  to  kill,  slay,  and  destroy,  if  necessary,  and  con- 
quer, by  all  fitting  ways,  enterprises,  and  means  whatso- 
ever, all  and  every  such  person  and  persons  as  shall,  at 
any  time  hereafter,  in  a  hostile  manner,  attempt  or  enter- 
prise the  destruction,  invasion,  detriment,  or  annoj^ance 
of  this  commonwealth  ;  and  to  use  and  exercise,  over  the 
army  and  navy,  and  over  the  militia  in  actual  service,  the 
law-martial,  in  time  of  war  or  invasion,  and  also  in  time 
of  rebellion,  declared  b}'  the  legislature  to  exist,  as  occa- 
sion shall  necessarily  require  ;  and  to  take  and  surprise, 
by  all  ways  and  means  whatsoever,  all  and  ever}^  such 
person  or  persons,  with  their  ships,  arms,  ammunition, 
and  other  goods,  as  shall,  in  a  hostile  manner,  invade,  or 
attempt  the  invading,  conquering,  or  annoying  this  com- 
monwealth :  and  that  the  governor  be  intrusted  with  all 
these  and  other  powers,  incident  to  the  offices  of  cap- 
tain-genei-al  and  commander-in-chief,  and  admiral,  to  be 
exercised  agreeably  to  the  rules  and  regiilations  of  the  con- 
stitution, and  the  laws  of  the  land,  and  not  otherwise. 

Provided,  that  the  said  governor  shall  not,  at  any  time 
hereafter,  by  virtue  of  any  power   by  this  con.stitution 


co:m:\ionwealth  of  Massachusetts.  21 

granted,  or  hereafter  to  be  e^ranted  to  him  by  the  legis- 
lature, transport  any  of  the  inhabitants  of  this  common- 
wealth, or  oblige  them  to  march  out  of  the  limits  of  the 
same,  without  their  free  and  voluntary  consent,  or  the  con- 
sent of  the  general  court ;  except  so  far  as  may  be  neces- 
sary to  march  or  transport  them  by  land  or  water,  for  the 
defence  of  such  part  of  the  state  to  which  they  cannot 
otherwise  conveniently  have  access. 

VIII.  The  power  of  pardoning  ofiences,  except  such  Governor  and 
as  persons  may  be  convicted  of  before  the  senate  by  an  pardon  offences, 
impeachment  of  the  house,  shall  be  in  the  governor,  by  ^'"'^'^p*' ^'''• 
and  with  the  advice  of  council ;   but  no  charter  of  par- 
don, granted  by  the  governor,  with  advice  of  the  council 

before  conviction,  shall  avail  the  party  pleading  the  same.  But  not  before 
notwithstanding    any  general   or  particular    expressions  io9  Ma8s°323. 
contained  therein,  descriptive  of  the  ofl'ence  or  oftences 
intended  to  be  pardoned. 

IX.  All  judicial  otEcers,  [the  attorney-general,]   the  Judicial  offi- 
solicitor-general,  [all  sherifis,]  coroners,  [and  registers  of  nom'inated^a°n'd 
probate,]  shall  be  nominated  and  appointed  by  the  gov-  Forprovisions 
ernor,  by  and  with  the  advice  and  consent  of  the  council ;  ofluorney-'^ 
and  every  such  nomination  shall  be  made  by  the  governor,  general,  see 

T  I  ,    t  ,  1  .  T  "  P  amendments, 

and  made  at  least  seven  days  prior  to  such  appointment.     Art.  xvii. 

For  provision  as  to  election  of  sheriffs,  registers  of  probate,  etc.,  see  amendments. 
Art.  XIX.  For  provision  as  to  appointment  of  notaries  public,  see  amendments. 
Art.  IV. 

X.  The  captains  and  subalterns  of  the  militia  shall  be  Miutia  officers, 
elected  by  the  written  votes  of  the  train-band  and  alarm  umitauon  of 
list  of  their  respective  companies,  [of  twenty-one  years  b|Vmend^-°"* 
of  age  and  upwards  ;]  the  field  officers  of  regiments  shall  ments,  Ai-t.  v. 
be  elected  b}^  the  written  votes  of  the  captains  and  subal- 
terns of  their  respective  regiments  :  the  brigadiers  shall  be 
elected,  in  like  manner,  by  the  field  officers  of  their  respec- 
tive brigades  ;  and  such  officers,  so  elected,  shall  be  com-  Howcommis- 
missioned  by  the  governor,  who  shall  determine  their  rank.  ^^""^^  ' 

The  legislature  shall,  by  standing  laws,  direct  the  time  Election  of 
and  manner  of  convening   the  electors,  and  of  collect-  ° 
ing  votes,  and  of  certifying  to  the  governor,  the  officers 
elected. 

The  major-generals  shall  be  appointed  by  the  senate  and  ^o^^T^^oi^'ted' 
house  of  representatives,  each  havino^  a  neo-ative  upon  the  andcommis- 

_  11  ..  11, 1  sioned. 

other ;  and  be  commissioned  by  the  governor. 

For  provisions  as  to  appointment  of  a  commissary-general,  see  amendments,  Art.  IV. 

And  if  the  electors  of  brio-adiers,  field  officers,  captains  vacancies,  how 

„'  ,  ,^,  fiUed,  m  case, 

or  subalterns,  shall  nes^lect  or  refuse  to  make  such  elec-  etc. 


22 


COXSTITrTIOX    OF    TIIK 


Offleor*  duly 
coinml»hloiit><l, 
how  roinuvcil. 
BupcrnotU'tl  by 
•lucMiilmuutit. 
Art.  IV. 


Adjutants,  etc. 
how  ni)polnte(l. 


Army  ofllcerB, 
how  nppointcd. 


OrfcanizntloD  of 
militia. 


Money,  how 
drawn  from  the 
treaBury, 
except,  etc. 
13  AUen,  593. 


AU  public 
boards,  etc.,  to 
make  quarterly 


tions,  after  hciiiir  duly  notiliod,  aceordin^x  to  the  laws  for 
tlic  lime  iH'inir,  then  the  <:()venior,  with  adviee  of  eouncil, 
>hall  appoint  .suitable  persons  to  fill  sueh  offices. 

[.Vnd  no  oflieer,  duly  eoininissioncd  to  eoinmand  in  the 
militia,  shall  be  removed  from  his  office,  but  l)y  the  address 
of  both  houses  to  the  (governor,  or  by  fair  trial  in  court- 
martial,  ])ursuant  to  the  laws  of  the  commonwealth  for  the 
time  l)ein«r.] 

The  commanding;  officers  of  regiments  shall  appoint 
iheir  adjutants  and  quartermasters  ;  the  brigadiers  their 
brigade-majors  ;  and  the  major-generals  theu'  aids  ;  and 
the  governor  shall  appoint  the  adjutant-general. 

The  governor,  with  advice  of  council,  shall  appoint  all 
officers  of  the  continental  army,  whom  by  the  confedera- 
tion of  the  United  States  it  is  provided  that  this  common- 
wealth shall  api)oint,  as  also  all  officers  of  forts  and 
garrisons. 

The  divisions  of  the  militia  into  brigades,  regiments,  and 
companies,  made  in  pursuance  of  the  militia  laAvs  now  in 
force,  shall  be  considered  as  the  proper  divisions  of  the 
militia  of  this  commouAvealth,  until  the  same  shall  be 
altered  in  pursuance  of  some  future  law. 

XI.  No  moneys  shall  be  issued  out  of  the  treasur}^  of 
this  commoinvealth,  and  disposed  of  (except  such  smns  as 
may  be  api)ropriated  for  the  redemption  of  bills  of  credit 
or  treasurer's  notes,  or  for  the  pa}'ment  of  interest  arising 
thereon)  but  by  Avarrant  under  the  hand  of  the  governor 
for  the  time  being,  with  the  advice  and  consent  of  the 
council,  for  the  necessary  defence  and  support  of  the  com- 
monwealth ;  and  for  the  protection  and  preservation  of 
the  inhabitants  thereof,  agreeably  to  the  acts  and  resolves 
of  the  general  court. 

XII.  All  public  boards,  the  commissary-general,  all 
sui)erintending  officers  of  public  magazines  and  stores, 
])elonging  to  this  commonwealth,  and  all  commanding 
officers  of  forts  and  garrisons  within  the  same,  shall  once 
in  every  three  months,  officially,  and  without  recjuisition, 
and  at  other  times,  when  required  by  the  governor,  deliver 
to  him  an  account  of  all  goods,  stores,  provisions,  ammu- 
nition, cannon  with  their  appendages,  and  small  arms 
with  their  accoutrements,  and  of  all  other  public  property 
Avhatevcr  under  their  care  respectivel}^ ;  distinguishing  the 
(|uantity,  number,  quality  and  kind  of  each,  as  particu- 
larly as  may  be  ;  together  with  the  condition  of  such  forts 
and    irarrisons ;    and    the   said    commandins:  officer  shall 


COMMONWEALTH   OF   MASSACHUSETTS.  23 

exhibit  to  the  governor,  when  required  by  him,  true  and 
exact  plans  of  such  forts,  and  of  the  land  and  sea  or  har- 
bor or  harbors,  adjacent. 

And  the  said  boards,  and  all  public  officers,  shall  com- 
municate to  the  governor,  as  soon  as  may  be  after  receiv- 
ing the  same,  all  letters,  despatches,  and  intelligences  of  a 
public  nature,  which  shall  be  directed  to  them  respectively. 

XIII.     As  the  public  good  requires  that  the  governor  salary  of 
should  not  be  under  the  undue  influence  of  any  of  the  governor, 
members  of  the  general  court  by  a  dependence  on  them 
for  his  support,  that  he  should  in  all  cases  act  with  free- 
dom for  the  benefit  of  the  public,  that  he  should  not  have 
his  attention  necessarily  diverted  from  that  object  to  his 
private  concerns,  and  that  he  should  maintain  the  dignity 
of  the  commonwealth  in  the  character  of  its  chief  magis- 
trate, it  is  necessary  that  he  should  have  an  honorable     • 
stated  salar}',  of  a  fixed  and  permanent  value,  amply  suffi- 
cient for  those  piu'poses,  and  established  by  standing  laws  : 
and  it  shall  be  among  the  first  acts  of  the  general  court, 
after  the  commencement  of  this  constitution,  to  establish 
such  salary  by  law  accordingly. 

Permanent  and  honorable  salaries  shall  also  be  estab-  Salaries  of  jus- 
lished  b}'  law  for  the  justices  of  the  supreme  judicial  com-t.  judfciliuTurt™^ 

And  if  it  shall  be  found  that  any  of  the  salaries  afore-  Salaries  to  be 
said,  so  established,  are  insufficient,  they  shall,  from  time  ins^cient. 
to  time,  be   enlarged,  as   the  general  court  shall  judge 
proper. 


CHAPTER    II. 

Sectiox  II. 

Lieutenant-Governor. 

Article  I.     There  shall  be  annually  elected  a  lieu-  Lieutenant- 
tenant-governor  of  the  commonwealth  of  Massachusetts,  tSl&^l ^^ia\i. 
whose  title   shall   be — His  Honor;    and  who   shall   be  amendment's';*' 
qualified,  in  point  of  [religion,]  [property,]  and  residence  xxxrv/'^"'^ 
in  the  commonwealth,  in  the  same  manner  with  the  gov- 
ernor ;  and  the  day  and  manner  of  his  election,  and  the 
qualifications  of  the  electors,  shall  be  the  same  as  are  re- 
quk'ed  in  the  election  of  a  governor.     The  return  of  the  how  chosen, 
votes  for  this  officer,  and  the  declaration  of  his  election, 
shall  be  in  the  same  manner ;  [and  if  no  one  person  shall  p/urliity  p'^o- 
be  found  to  have  a  majdrit}^  of  all  the  votes  returned,  the  ^^In^menfg 
vacancy  shall  be  filled  by  the  senate  and  house  of  repre-  Art.xiv. 


24 


coxsTiTrnox  of  the 


seiitativos,  in  the  .suinc  iimnnor  as  the  governor  is  to  be 
elected,  in  case  no  one  {)er.son  shall  have  a  majority  of  the 
votes  of  the  people  to  be  governor.] 

II.  The  governor,  and  in  his  absence  the  lieutenant- 
governor,  shall  be  president  of  the  council,  but  shall  have 
no  vote  in  council ;  and  the  lieutenant-governor  shall 
always  be  a  member  of  the  council,  except  when  the  chair 
of  the  governor  shall  be  vacant. 

III.  Whenever  the  chair  of  the  governor  shall  be 
BcUnggovernor,  vacant,  by  rcasou  of  his  death,  or  absence  from  the  com- 
monwealth, or  otherwise,  the  lieutenant-governor,  for  the 
time  being,  shall,  during  such  vacancy,  perform  all  the 
duties  incumbent  upon  the  governor,  and  shall  have  and 
exercise  all  the  powers  and  authorities,  Avhich  by  this  con- 
stitution the  governor  is  vested  Avith,  when  personally 
present. 


Pronlilent  of 

coiinoil 

Lloiit«imnt- 


I.luiitonnnt 
governor  to  be 


CHAPTER    IT 


Council. 
Number  of 
councillors 
changed  to 
eight. 
Bee  ainend- 
mcnta,  Art. 
XVl. 


Number;  from 
whom,  and  how 
choeen. 
Modilied  by 
ameiidmentii, 
Artit.  X.  and 
XUI. 

SuperRcded  by 
amendments, 
Art.  XVI. 


If  Kenatorn  be- 
come council- 
lors, their  Heats 
to  be  vacated. 


Section  III. 

Council,  and  tJie  Manner  of  settling  Elections  hij  tJie  Legis- 
lature. 

Article  I.  There  shall  be  a  council  for  advising  the 
governor  in  the  executive  part  of  the  government,  to  con- 
sist of  [nine]  persons  besides  the  lieutenant-governor, 
whom  the  governor,  for  the  time  being,  shall  have  full 
power  and  authorit}^  from  time  to  time,  at  his  discretion, 
to  assemble  and  call  together  ;  and  the  governor,  with  the 
said  councillors,  or  five  of  them  at  least,  shall  and  may, 
from  time  to  time,  hold  and  keep  a  council,  for  the  order- 
ing and  directing  the  affairs  of  tlie  commonwealth,  accord- 
ing to  the  laws  of  the  land. 

II.  [Nine  councillors  shall  be  annually  chosen  from 
among  the  persons  returned  for  councillors  and  senators, 
on  the  last  Wedncsda}^  in  ]\hiy,  by  the  joint  ballot  of 
the  senators  and  representatives  assembled  in  one  room  ; 
and  in  case  there  shall  not  be  found  upon  the  first  choice, 
the  whole  number  of  nine  persons  who  will  accept  a  seat 
in  the  council,  the  deficiency  shall  be  made  up  by  the 
electors  aforesaid  from  among  the  people  at  large  ;  and 
the  number  of  senators  left  shall  constitute  the  senate 
for  the  year.  The  seats  of  the  persons  thus  elected  from 
the  senate,  and  accepting  the  trust,  shall  be  vacated  in  the 
senate.] 


COMMONWEALTH   OF   MASSACHUSETTS.  25 

HI.     The  councillors,  in  the  civil  arrangements  of  the  Rank  of 
conniionwealth,  shall  have  rank  next  after  the  lieutenant-  "°""'''  °"' 
governor. 

IV.      [Not  more  than  two  councillors  shall  be  chosen  ko  district  to 
out  of  any  one  district  of  this  commonwealth.]  two^'^°'^* 

Superseded  by  amendments,  Art.  SVT. 

Y.     The  resolutions  and  advice  of  the  council  shall  be  Register  of 
recorded  in  a  register,  and  signed  by  the  members  present ;  *"^''""^- 
and  this  record  may  be  called  for  at  any  time  by  either 
house  of  the  legislature  ;  and  any  member  of  the  council 
may  insert  his  opinion,  contrary  to  the  resolution  of  the 
majority. 

VI.  Whenever  the  oiEce  of  the  governor  and  lieuten-  council  to  exer. 
ant-governor  shall  be  vacant,  by  reason  of  death,  absence,  of'go\''ernoriir 
or  otherwise,  then  the  council,  or  the  major  part  of  them,  "ase,  etc. 
shall,  during  such  vacanc}^  have  full  power  and  authority 

to  do,  and  execute,  all  and  ever}^  such  acts,  matters,  and 

things,  as  the  governor  or  the  lieutenant-oovernor  might 

.  .  .  . 

or  could,  by  virtue  of  this  constitution,  do  or  execute,  if 

they,  or  either  of  them,  were  personally  present. 

VII.  [And  whereas  the  elections  appointed  to  be  made.  Elections  may 
by  this  constitution,  on  the  last  Wednesday  in  May  annu-  untluete"^'^ 
allv,  by  the  two  houses  of  the  legislature,  may  not  be 
completed  on  that  day,  the  said  elections  may  be  adjom-ned 

from  day  to  day  until  the  same  shall  be  completed.     And  gup|y.Je,feTby 
the  order  of  elections  shall  be  as  follows  :  the  vacancies  in  amendments, 
the  senate,  if  any,  shall  first  be  filled  up  ;  the  governor  xxv. 
and  lieutenant-governor  shall  then  be  elected,  provided 
there  should  be  no  choice  of  them  by  the  people  ;  and 
afterwards  the  two  houses  shall  proceed  to  the  election  of 
the  council.] 


CHAPTER    II. 
Section  IV. 

Secretary,  Treasurer,  Commissary,  etc. 

Article  I.      [The   secretary,   treasurer  and    receiver-  secretary,  etc , 
general,  and  the  commissary-general,  notaries  public,  and]  bovv  ch™e^n. 
naval  officers,  shall  be  chosen  annually,  by  joint  ballot  of  ^°eiection'of " 
the  senators  and  representatives  in  one  room.     And,  that  iHer^anZie-'^^^ 
the  citizens  of  this  commonwealth  mav  be  assured,  from  ceiyer-geuerai, 

,  ",  ,  and  auditor  and 

time  to  time,  that  the  moneys  remaining  in  the  public  attorney-gen- 
treasury,  upon  the  settlement  and  liquidation  of  the  pub-  meDts,  Art. 


2(> 


CONSTITUTION   OF   THE 


TreiiHurer  In- 
••ligilile  for 
inure  than  five 
Hucoei-eive 
years. 


^ecretnry  to 
keep  records ; 
to  attetul  the 
^'overnor  and 
council,  etc. 


lie  accounts,  are  their  property,  no  man  shall  be  eligible 
as  treasm-cr  and  receiver-ireneral  more  than  five  years 
successively. 

Kor  provielon  as  to  appointment  of  notaries  public  and  tVie  commiBsary -general,  see 
ameudinente.  Art.  IV. 

II.  The  records  of  the  commonweal th  shall  be  kept  in 
the  office  of  the  secretary,  Avho  may  appoint  his  de})uties, 
for  Avhose  conduct  he  shall  be  accountable  ;  and  he  shall 
attend  the  governor  and  council,  the  senate  and  house  of 
representatives,  in  person,  or  by  his  deputies,  as  they  shall 
respectively  requu-e. 


CHAPTER    III. 


Tennre  of  all 
comraiBnioned 
ofiieers  to  be 
expreeecd. 
Judicial  officers 
to  hold  otBce 
during  good 
behavior,  ex- 
cept, etc. 
But  may  be 
removed  on 
address. 


Justices  of  su- 
preme judicial 
court  to  give 
opinions  when 
required. 
122  Mass.  600. 
126  Mass.  557, 
661. 

Justices  of  the 
peace;  tenure 
of  their  office. 
3  Gush.  584. 


For  removal  of 
justices  of  the 
peace,  see 
amendments. 
Art.  XXXVU. 


Provisions  for 

holding  probate 

courts. 

12  Gray,  147. 


JUDICIARY    POWER. 

Article  I.  The  tenure,  that  all  commission  officers 
shall  by  law  have  in  their  offices,  shall  be  expressed  in 
their  respective  commissions.  All  judicial  officers,  duly 
appointed,  commissioned,  and  sworn,  shall  hold  their  offices 
dm-ing  good  behavior,  excepting  such  concerning  Avhom 
there  is  different  provision  made  in  this  constitution  : 
provided,  nevertheless,  the  governor,  with  consent  of  the 
council,  may  remove  them  upon  the  address  of  both  houses 
of  the  legislatiu-e. 

II.  Each  branch  of  the  legislature,  as  well  as  the  gov- 
ernor and  council,  shall  have  authorit}^  to  require  the  opin- 
ions of  the  justices  of  the  supreme  judicial  court,  upon 
important  questions  of  law,  and  upon  solemn  occasions. 

III.  In  order  that  the  people  may  not  suffer  from  the 
long  continuance  in  place  of  an}^  justice  of  the  jjcace  who 
shall  fail  of  discharging  the  important  duties  of  his  office 
Avith  abilit}^  or  fidelity,  all  commissions  of  justices  of  the 
peace  shall  expire  and  become  void,  in  the  term  of  seven 
years  from  their  respective  dates  ;  and,  upon  the  expira- 
tion of  any  commission,  the  same  may,  if  necessary,  be 
rencAved,  or  another  person  appointed,  as  shall  most  con- 
duce to  the  Avell-being  of  the  commonwealth. 

IV.  The  judges  of  probate  of  Avills,  and  for  granting 
letters  of  administration,  shall  hold  their  courts  at  such 
place  or  places,  on  fixed  days,  as  the  convenience  of  the 
peoj)le  shall  require  ;  and  the  legislature  shall,  from  time  to 
time,  hereafter,  appoint  such  times  and  places  ;  until  Avhich 
appointments,  the  said  courts  shall  be  holden  at  the  times 
and  places  which  the  respective  judges  shall  direct. 


COMMOXAVEALTH   OF   MASSACHUSETTS.  27 

V.     All  causes  of  marriage,  divorce,  and  alimony,  and  warriaec, 
all  appeals  from  the  judges  of  probate,  shall  be  heard  and  aUmo^y.''" 
determined  by  the  governor  and  council,  until  the  legis-  vi's^onsCade 
lature  shall,  by  law,  make  other  provision.  los  M^a^s.  327. 

116  Mass.  317. 


CHAPTER    IV. 

DELEGATES    TO    CONGRESS. 

[The  delegates  of  this  commonwealth  to  the  congress  of  Delegates  to 
the  United  States,  shall,  some  time  in  the  month  of  June,  °°°*''^^^" 
annually,  be  elected  by  the  joint  ballot  of  the  senate  and 
house  of  representatives,  assembled  together  in  one  room  ; 
to  serve  in  congress  for  one  year,  to  commence  on  the  first 
Monday  in  November  then  next  ensuing.  They  shall 
have  commissions  under  the  hand  of  the  governor,  and 
the  great  seal  of  the  commonwealth  ;  but  may  be  recalled 
at  any  time  within  the  year,  and  others  chosen  and  com- 
missioned, in  the  same  manner,  in  their  stead.] 


CHAPTER    V. 

THE   UNIVERSITY   AT   CAMBRIDGE,   AND    ENCOURAGEMENT    OF 
LITERATURE,   ETC. 

Section  I. 

The  University . 

Article  I.     Whereas  our  wise  and  pious  ancestors,  so  Harvard 
early  as  the  year  one  thousand  six  hundred  and  thirty-six,  ^°"^se. 
laid  the  foundation  of  Harvard  College,  in  which  univer- 
sity many  persons  of  great  eminence  have,  by  the  blessing 
of  God,  been  initiated  in  those  arts  and  sciences  which 
qualified  them  for  public  employments,  both  in   church 
and  state  ;    and  whereas  the  encouragement  of  arts  and 
sciences,  and  all  good  literature,  tends  to  the  honor  of 
God,  the  advantage  of  the  Christian  religion,  and  the  great 
benefit  of  this  and  the  other  United  States  of  America, 
—  it  is  declared,   that  the  President  and  Fellows  of  Powers,  privi. 
Harvard    College,    in    their    corporate    capacity,    and  thl^prlsident 
their  successors  in  that  capacity,  their  officers  and  ser-  coufimel.^' 
vants,  shall  have,  hold,  use,  exercise,  and  enjoy,  all  the 
powers,  authorities,  rights,  liberties,  privileges,  immuni- 
ties, and  franchises,  which  they  now  have,  or  are  entitled 


•js  CONSTITUTIOX    OF    TIIK 

to  liiivi',  hold,  UNO,  c'xc'iriso,  and  oiijoy  ;  and  the  same  are 
hereby  nitified  and  eoiifinned  unto  tlieni,  the  t^aid  presi- 
dent and  fellows  of  Harvard  College,  and  to  thch-  suc- 
cessors, and  to  their  oilieers  and  servants,  respectively, 
forever. 

II.  xVnd  whereas  there  have  been  at  sundry  times,  by 
divers  persons,  gifts,  grants,  devises  of  houses,  lands,  tene- 
ments, goods,  chattels,  legacies,  and  conveyances,  here- 
tofore made,  cither  to  Harvard  College  in  Cambridge,  in 
New  England,  or  to  the  president  and  felloAvs  of  Harvard 
College,  or  to  the  said  college  by  some  other  description, 
und(>r  several  charters,  successively;  it  is  declared,  that 

All  gifts,  all  the  said  gifts,  grants,  devises,  legacies,  and  convey- 

courtrmecr. "  aiiccs,  arc  hereby  forever  confirmed  unto  the  president 
and  fellows  of  Harvard  College,  and  to  their  successors 
in  the  capacity  aforesaid,  according  to  the  true  intent  and 
meaning  of  the  donor  or  donors,  grantor  or  gi-antors, 
devisor  or  devisors. 

III.  And  Avhereas,  by  an  act  of  the  general  court  of 
the  eoloii}^  of  Massachusetts  Bay,  passed  in  the  year  one 
thousand  six  hundred  and  forty-tAvo,  the  governor  and 
deputy-governor,  for  the  time  being,  and  all  the  magis- 
trates of  that  jurisdiction,  Avcre,  Avith  the  president,  and 
a  number  of  the  clergy  in  the  said  act  described,  con- 
stituted the  overseers  of  Harvard  College  ;  and  it  being- 
necessary,  in  this  new  constitution  of  government  to 
ascertain  Avho  shall  be  deemed  successors  to  the  said  gov- 
ernor, de})uty-governor,  and  magistrates ;  it  is  declared, 
that  the  governor,  lieutenant-governor,  council,  and  sen- 
ate of  this  coinmonw^ealth,  are,  and  shall  be  deemed,  theh" 
successors,  Avho,  Avith  the  president  of  Harvard  College, 
for  the  time  being,  together  Avith  the  ministers  of  the  con- 
gregational churches  in  the  towns  of  Cambridge,  AYater- 
town,  Charlestown,  Boston,  Roxbury,  and  Dorchester, 
mentioned  in  the  said  act,  shall  be,  and  hereby  are,  A'csted 
Avith  all  the  poAvers  and  authority  belonging,  or  in  any 
Avay  appertaining  to  the  overseers  of  Harvard  College  ; 

Power  of  altera-  provided,  that  nothing  herein  shall  be  construed  to  pre- 
the"iegi8iature.°  A'ciit  thc  legislature  of  this  commonwealth  from  making 
such  alterations  in  the  government  of  the  said  university, 
as  shall  be  conduciA'e  to  its  advantage,  and  the  interest 
of  the  republic  of  letters,  in  as  full  a  manner  as  might 
have  been  done  by  the  legislature  of  the  late  Province  of 
the  Massachusetts  Bay. 


AVho  Bhall  1)6 

over 

seers. 

See  Statute*, 

1851 

224. 

185-2 

27. 

1S59 

212. 

1865 

173. 

18SU 

65. 

COMMONWEALTH   OF   IMASSACHUSETTS.  29 

CHAPTER    V. 
Section  H. 

The  Encouragement  of  Literature,  etc. 

Wisdom  and  knowledge,  as  Avell  as  vii-tue,  diffused  gen-  Duty  of  legisiat. 
erally  among  the  body  of  the  people,  being  necessary  for  Sratesln™"!" 
the  preservation  of  their  rights  and  liberties  ;  and  as  these  r'^^r^'furtherpro- 
depend  on  spreading  the  opportunities  and  advantao-es  of  ^e^ps  as  to 

^  •  •       ,^  .  CI  t  public  Bchools, 

education  m  the  various  parts  ot  the  country,  and  among  seeamend- 
the  diflerent  orders  of  the  people,  it  shall  be  the  duty  xvin. 
of  legislatm-es  and  magistrates,  in  all  future  periods  of  503^^^^°'^*^*'' 
this  commonwealth,  to  cherish  the  interests  of  literatm-e  lo^  Mass.  94,97. 
and  the  sciences,  and  all  seminaries  of  them  ;  especially 
the  university  at  Cambridge,  public  schools  and  grammar 
schools  in  the  towns  ;  to  encourage  private  societies  and 
public  institutions,  rewards  and  immunities,  for  the  pro- 
motion of  agriculture,  arts,  sciences,  commerce,  trades, 
manufactures,  and  a  natural  history  of  the  country  ;   to 
countenance  and  inculcate  the  principles  of  humanity  and 
general  benevolence,  public  and  private  charity,  industry 
and  frugality,  honesty  and  punctuality  in  their  dealings  ; 
sincerity,  good  humor,  and  all  social  aflections,  and  gen- 
erous sentiments,  among  tlie  people. 


CHAPTER    VI. 

OATHS  AND  SUBSCRIPTIONS ;  INCOMPATIBILITY  OF  AND  EXCLU- 
SION FROM  OFFICES;  PECUNIARY  QUALIFICATIONS;  COMMIS- 
SIONS; WRITS;  CONFIRMATION  OF  LAWS;  HABEAS  CORPUS; 
THE  ENACTING  STYLE;  CONTINUANCE  OF  OFFICERS;  PROVI- 
SION FOR  A  FUTURE  REVISAL  OF  THE  CONSTITUTION,  ETC. 

Article  I.     [Any  person  chosen  governor,  lieutenant-  oaths.etc, 
governor,  councillor,  senator,  or  representative,  and  accept- 
ing the  trust,  shall,  before  he  proceed  to  execute  ikv^  duties 
of  his  place  or  office,  make  and  subscribe  the  following- 
declaration,  viz.  : 

"I,  A.  B.,  do  declare,  that  I  believe  the  Christian  reli-  ^eidments^ 
gion,  and  have  a  firm  persuasion  of  its  truth  :  and  that  I  Art.vii. 
am  seised  and  possessed,  in  my  own  right,  of  the  property 
required  by  the  constitution,  as  one  qualification  for  the 
office  or  place  to  which  I  am  elected." 

And  the  governor,  lieutenant-governor,  and  councillors, 
shall  make  and  subscribe  the  said  declaration,  in  the  pres- 


30 


CONSTITUTIOX   OF   THE 


CMK'O  of  the  two  liousfs  of  assembly  ;  and  the  senators  and 
representatives,  lirst  eleeted  under  this  eonstltution,  before 
the  president  and  five  of  the  couneil  of  the  former  consti- 
tuti()n  ;  and  forever  afterwards  before  the  governor  and 
eouneil  for  the  time  being.] 
Sahfo?lS°*°^  And  every  person  chosen  to  cither  of  the  places  or 
offices  aforesaid,  as  also  any  person  appointed  or  commis- 
sioned to  any  judicial,  executive,  military,  or  other  office 
under  the  government,  shall,  before  he  enters  on  the  dis- 
charge of  the  business  of  his  place  or  office,  take  and  sub- 
scribe the  folio winir  declaration,  and  oaths  or  affirmations. 


ofilcera. 


For  new  oath 
of  allegiunce, 
nee  aiuend- 
nients,  Art.  VI. 


ProTiBo.  See 
amendments, 
Art.  VI. 


["I,  A.  B.,  do  truly  and  sincerely  acknowledge,  profess, 
testify,  and  declare,  that  the  Commonwealth  of  Massachu- 
setts is,  and  of  right  ought  to  be,  a  free,  sovereign,  and 
independent  state  ;  and  I  do  swear,  that  I  will  bear  true 
faith  and  allegiance  to  the  said  commonwealth,  and  that  I 
will  defend  the  same  against  traitorous  conspiracies  and  all 
hostile  attempts  Avhatsoever  ;  and  that  I  do  renounce  and 
abjure  all  allegiance,  subjection,  and  obedience  to  the  king, 
queen,  or  government  of  Great  Britain  (as  the  case  may 
be) ,  and  every  other  foreign  power  whatsoever  ;  and  that 
no  foreign  prince,  person,  prelate,  state,  or  potentate, 
hath,  or  ought  to  have,  any  jurisdiction,  superiority,  pre- 
eminence, authority,  dispensing  or  other  power,  in  any 
matter,  civil,  ecclesiastical,  or  spiritual,  within  this  com- 
monwealth, except  the  authority  and  power  which  is  or 
may  be  vested  by  their  constituents  in  the  congress  of  the 
United  States  :  and  I  do  further  testif}^  and  declare,  that 
no  man  or  body  of  men  hath  or  can  have  any  right  to 
absolve  or  discharge  me  from  the  obligation  of  this  oath, 
declaration,  or  affirmation  ;  and  that  I  do  make  tliis  ac- 
knowledgment, profession,  testimony,  declaration,  denial, 
renunciation,  and  abjuration,  heartilj^  and  trul}^,  according 
to  the  common  meaning  and  acceptation  of  the  foregoing 
Avords,  without  any  C(|uivocation,  mental  evasion,  or  secret 
reservation  whatsoever.     So  help  me,  God."] 

"I,  A.  B.,  do  solemnly  swear  and  affirm,  that  I  will 
f.iithfully  and  impartially  discharge  and  perform  all  the 
duties  incumbent  on  me  as  ,  according  to 

the  best  of  my  abilities  and  understanding,  agreeably  to 
the  rules  and  regulations  of  the  constitution  and  the  laws 
of  the  commonwealth.     So  help  me,  God." 

Provided,  always,  that  when  any  person  chosen  or  ap- 
pointed as  aforesaid,  shall  be  of  the  denomination  of  the 


COMMONWEALTH   OF   MASSACHUSETTS.  31 

people  called  Quakers,  and  shall  decline  taking  the  said 
oatb[s],  he  shall  make  his  affirmation  in  the  foregoing 
form,  and  subscribe  the  same,  omitting  the  Avords,  ["/cZo 
sicear,''''  "  and  abjure,''^  "  oath  or"  "  and  abjuration"  in  the 
first  oath,  and  in  the  second  oath,  the  words]  ' '  swear 
and,"  and  [in  each  of  them]  the  words  "  So  help  me, 
God  ;"  subjoining  instead  thereof,  "  Tliis  I  do  under  the 
pains  and  jjenalties  of  perjur>/." 

And  the  said  oaths  or  affirmations  shall  be  taken  and  aflrma^tois 
subscribed  bv  the  governor,  lieutenant-ffovernor,  and  coun-  how  adminis- 

*^  <zj  ^  "  XGred. 

cillors,  before  the  president  of  the  senate,  in  the  presence 
of  the  two  houses  of  assembly  ;  and  by  the  senators  and 
representatives  first  elected  under  this  constitution,  before 
the  president  and  five  of  the  council  of  the  former  consti- 
tution ;  and  forever  afterwards  before  the  governor  and 
council  for  the  time  being ;  and  by  the  residue  of  the 
officers  aforesaid,  before  such  persons  and  in  such  manner 
as  from  time  to  time  shall  be  prescribed  by  the  legislature. 

n.     No  governor,  lieutenant-governor,  or  judge  of  the  Plurality  of 
supreme  judicial  court,  shall  hold  any  other  office  or  place,  hibited^to°gov- 
under  the  authority  of  this  commonwealth,  except  such  as  Ixcept^etc. 
by  this  constitution  they  are  admitted  to  hold,  saving  that  ^Mt^An. 
the  judges  of  the  said  court  may  hold  the  offices  of  justices  vni. 
of  the  peace  thi'ough  the  state  ;  nor  shall  they  hold  any 
other  place  or  office,  or  receive  any  pension  or  salary  from 
any  other  state  or  government  or  power  whatever. 

No  person  shall  be  capable  of  holding  or  exercising  at  i^fgn'^sll"*- 
the  same  time,  within  this  state,  more  than  one  of  the  fol- 
lowing offices,  viz.  :  judge  of  probate  —  sheriff — register 
of  probate  —  or  register  of  deeds  ;  and  never  more  than 
an}'  two  offices,  which  are  to  be  held  by  appointment  of 
the  governor,  or  the  governor  and  council,  or  the  senate, 
or  the  house  of  representatives,  or  by  the  election  of  the 
people  of  the  state  at  large,  or  of  the  people  of  any  county, 
military  offices,  and  the  offices  of  justices  of  the  peace 
excepted,  shall  be  held  by  one  person. 

No  person  holding  tlie  office  of  judge  of  the  supreme  incompatible 
judicial  court  —  secretary  —  attorney-general  —  solicitor-  For  f either  pro- 
general —  treasurer  or  receiver-general  — judge  of  probate  fncompatibre 

—  commissary-general — [president,  professor,  or  instruc-  amendments, 
tor  of  Harvard  College]  —  slier ifi" —  clerk  of  the  house  of  ^^*^J^i^-j  j^'^^_ 
representatives  —  register  of  probate  —  register  of  deeds  vardcouege 

—  clerk  of  the  supreme  judicial  court — clerk  of  the  infe-  amendments, 
rior  court  of  common  pleas  —  or  officer  of  the  customs, 
including  in  this  description  naval  officers  —  shall  at  the 


32 


CONSTITUTIOX    OF    TIIK 


Incompatible 
ot&cen. 


Bribery,  etc., 
dUqiiallfy. 


Value  of  money 
ascertained. 


Property  qiiall- 
Hcntions  i»ay 
be  increased'. 
See  nmend- 
incntB,  .Arts. 
XlH.nnd 
XXXIV. 


Provisions 
respecting 
commisBioDs. 


Provisions  re- 
specting writs. 

2  Picli.  692. 

3  Met.  58. 
13  Gray,  74. 


Contlnnntion  of 
former  laws, 
except,  etc. 

1  Mass.  5«. 

2  Mass.  634. 

8  Piclt.  309,  310. 
16  Pick.  107, 115. 
2  Met.  118. 


Benefit  of 
habeas  corpus 
secured,  except. 


same  tiiiu*  have  a  .soat  in  the  .senate  or  house  of  representa- 
tives ;  but  their  bein«»'  chosen  or  appointed  to,  and  accept- 
in<x  the  same,  shall  openite  as  a  resiiiiiation  of  their  seat  in 
the  senate  or  house  of  representatives  ;  and  the  place  so 
vacated  shall  be  lilled  up. 

And  the  same  rule  shall  take  place  in  case  any  judge  of 
the  said  supreme  judicial  court,  or  judge  of  probate,  shall 
accept  a  scat  in  council ;  or  any  councillor  shall  accept  of 
either  of  those  offices  or  places. 

And  no  jx^rson  shall  ever  be  admitted  to  hold  a  seat  in 
the  legislature,  or  any  office  of  trust  or  importance  under 
the  government  of  tliis  commonwealth,  who  shall,  in  the 
due  course  of  law,  have  been  convicted  of  bribery  or  cor- 
ruption in  obtaining  an  election  or  appointment. 

III.  In  all  cases  where  sums  of  money  are  mentioned 
in  this  constitution,  the  value  thereof  shall  be  computed 
in  silver,  at  six  shillings  and  eight  pence  per  ounce  ;  and 
it  shall  be  in  the  power  of  the  legislature,  from  time  to 
time,  to  increase  such  qualifications,  as  to  propert}^  of 
the  i^ersons  to  be  elected  to  offices,  as  the  circumstances 
of  the  commonwealth  shall  require. 

IV.  All  commissions  shall  be  in  the  name  of  the 
Commonwealth  of  Massachusetts,  signed  by  the  governor 
and  attested  by  the  secretary  or  his  deputy,  and  have  the 
great  seal  of  the  commonwealth  affixed  thereto. 

Y.  All  A\Tits,  issuing  out  of  the  clerk's  office  in  any  of 
the  courts  of  law,  shall  be  in  the  name  of  the  Common- 
wealth of  Massachusetts  ;  the}''  shall  be  under  the  seal  of 
the  court  from  whence  they  issue  ;  they  shall  bear  test  of 
the  first  justice  of  the  court  to  which  the}^  shall  be  return- 
able, who  is  not  a  part}^,  and  be  signed  by  the  clerk  of 
such  court. 

VI.  All  the  laws  which  have  heretofore  been  adopted, 
used,  and  approved  in  the  Province,  Colony,  or  State  of 
Massachusetts  Bay,  and  usually  practised  on  in  the  courts 
of  law,  shall  still  remain  and  be  in  full  force,  until  altered 
or  repealed  by  the  legislature  ;  such  parts  only  excepted 
as  are  repugnant  to  the  rights  and  liberties  contained  in 
this  constitution. 

VII.  The  privilege  and  benefit  of  the  writ  of  habeas 
corpus  shall  be  enjoyed  in  this  commonwealth,  in  the  most 
free,  easy,  cheap,  expeditious,  and  ample  manner ;  and 
shall  not  be  suspended  b}^  the  legislature,  except  upon  the 
most  urgent  and  pressing  occasions,  and  for  a  limited 
time,  not  exceedinir  twelve  months. 


COMMONWEALTH   OF   MASSACHUSETTS.  33 

VIII.  The  enacting  style,  in  making  and  passing  all  J^^^"^"^"'^ 
acts,  statutes,  and  laws,  shall  be —  "Be  it  enacted  by  the 
Senate  and  House  of  Representatives  in  General  Court 
assembled,  and  by  the  authority  of  the  same." 

IX.  To  the  end  there  may  be  no  failure  of  justice,  or  officers  of 
danger  arise  to  the  commonwealth  from  a  change  of  the  ment^continued 
form  of  goA'ernment,  all  officers,  civil  and  military,  hold-  ''°*'^'  ^*''" 
ing  commissions  under  the  government  and  people   of 
Massachusetts  Bay  in  Xcav  England,  and  all  other  officers 

of  the  said  government  and  people,  at  the  time  this  con- 
stitution shall  take  efl'ect,  shall  have,  hold,  use,  exercise, 
and  enjoy,  all  the  powers  and  authority  to  them  granted 
or  committed,  until  other  persons  shall  be  appointed  in 
their  stead  ;  and  all  com-ts  of  law  shall  proceed  in  the 
execution  of  the  business  of  their  respective  departments  ; 
and  all  the  executive  and  legislative  officers,  bodies,  and 
powers  shall  continue  in  full  force,  in  the  enjoyment  and 
exercise  of  all  their  trusts,  emplo3'ments  and  authority  ; 
until  the  general  comt,  and  the  supreme  and  executive  offi- 
cers under  this  constitution,  are  designated  and  invested 
with  their  respective  trusts,  powers,  and  authorit3^ 

X.  [In  order  the  more  effectually  to  adhere  to  the  Provision  for 
principles  of  the  constitution,  and  to  correct  those  viola-  gtiVutk)ir°°' 
tions  which  b}^  anj^  means  may  be  made  therein,  as  well  pjvtdouaf  to 
as  to  form  such  alterations  as  from  experience  shall  be  geeTm^nT^' 
found  necessary,  the  general  court  which  shall  be  in  the  ments,  Art.  ix, 
year  of  our  Lord  one  thousand  seven  hundred  and  ninety- 
five,  shall  issue  precepts  to  the  selectmen  of  the  several 

towns,  and  to  the  assessors  of  the  unincoqiorated  planta- 
tions, directing  them  to  convene  the  qualified  voters  of 
their  respective  towns  and  plantations,  for  the  pm-pose  of 
collecting  theh'  sentiments  on  the  necessity  or  expediency 
of  revising  the  constitution,  in  order  to  amendments. 

And  if  it  shall  appear,  by  the  returns  made,  that  two-  Provision  for 
thirds  of  the  qualified  voters  throughout  the  state,  who  gmution.*"'"" 
shall  assemble  and  vote  in  consequence  of  the  said  pre- 
cepts, are  in  favor  of  such  revision  or  amendment,  the 
general  coiu't  shall  issue  precepts,  or  direct  them  to  be 
issued  from  the  secretary's  office,  to  the  several  towns 
to  elect  delegates  to  meet  in  convention  for  the  purpose 
aforesaid. 

The  said  delegates  to  be  chosen  in  the  same  manner 
and  proportion  as  their  representatives  in  the  second 
branch  of  the  legislature  are  b}'  this  constitution  to  be 
chosen.] 


34 


roNs'i'in  riox  of  the 


Provision  for 
proiterN'liiK  niul 
publUliliiKtlilH 

OODStltUtlotl. 


XT.  This  tbnn  of  <r()voninicnt  shall  be  enrolled  on 
pnn-hnuMit,  und  deposited  in  the  secretary's  office,  and  be 
a  part  of  the  laws  of  the  land  ;  and  j)rinted  copies  thereof 
shall  be  ))re(ixed  to  the  book  containin<>:  the  laws  of  this 
coninionwcalth.  in  all  future  editions  of  the  said  laws. 


Bill,  etc.,  not 
approved  within 
tlve  dii.VK,  not  to 
become  n  law, 
If  leKlxlaturo 
adjourn  In  tbo 
mean  tliue. 
3  Mass.  5<'>7. 
See  ("onnt.,  <  'li. 
I.,§1,  Art.  U. 


General  court 
empowered  to 
charter  cltlee. 
122  Ma«8.  354. 


Proviso. 

112  Mass.  200. 


QnalificatlOTlBof 
votern  for  gov- 
ernor, lleuten- 
ant-guvernoi', 
renators  and 
rcpretifntatlvefl. 
See  amend- 
roents.  Arts. 
XXX. , XXXII. 
and  XL. 
U  Pick.  MS.. MO. 
14  Pick.  .341. 
14  Ma-s-H.  367. 
6  Met.  162,  298, 
591.594. 


ARTICLES   OF   AMENDMENT. 

Airnf'LE  I.  If  any  bill  or  resolve  shall  be  objected  to, 
and  not  approved  by  the  governor ;  and  if  the  general 
court  shall  adjourn  within  five  days  after  the  .same  shall 
have  lieen  laid  before  the  governor  for  his  approbation, 
and  thereby  prevent  his  returning  it  with  his  objections, 
as  provided  by  the  constitution,  such  bill  or  resolve  shall 
not  become  a  law,  nor  have  force  as  such. 

Art.  II.  The  general  court  shall  have  full  power  and 
authority  to  erect  and  constitute  municipal  or  city  gov- 
ernments, in  any  corporate  town  or  towns  in  this  com- 
monwealth, and  to  grant  to  the  inhabitants  thereof  such 
powers,  privileges,  and  inununities,  not  repugnant  to  the 
constitution,  as  the  general  court  shall  deem  neces.sary 
or  expedient  for  the  regulation  and  government  thereof, 
and  to  prescribe  the  manner  of  calling  and  holding  public 
meetings  of  the  inhabitants,  in  wards  or  otherwise,  for 
the  election  of  officers  under  the  con.stitution,  and  the 
manner  of  returning  the  votes  given  at  such  meetings. 
Provided,  that  no  such  government  shall  be  erected  or 
constituted  in  an}^  town  not  containing  tAvelve  thousand 
inhabitants,  nor  unless  it  be  with  the  consent,  and  on  the 
application  of  a  majority  of  the  inhabitants  of  such  town, 
j)resent  and  voting  thereon,  pursuant  to  a  vote  at  a  meet- 
ing duly  Avarned  and  holden  for  that  purpose.  And  pro- 
vided, also,  that  all  by-la^tvs,  made  by  such  municipal 
or  city  government,  shall  be  subject,  at  all  times,  to  be 
annulled  by  the  general  court. 

Art.  III.  Every  male  citizen  of  twenty-one  years  of 
age  and  upwards,  excepting  paupers  and  persons  under 
guardianship,  who  shall  have  resided  within  the  common- 
wealth one  year,  and  within  the  town  or  district  in  which 
he  may  claim  a  right  to  vote,  six  calendar  months  next 
preceding  any  election  of  governor,  lieutenant-governor, 
senators,  or  representatives,  [and  who  shall  have  paid, 
hy  himself,  or  his  })arent,  master,  or  guardian,  any  state 


COMMONWEALTH   OF   MASSACHUSETTS.  35 

or  county  tax,  which  shall,  within  two  years  next  preced-  l^^'^li^^^ 
ino-  such  election,  have  been  assessed  upon  him,  in  an \^  597.       ' 
town  or  district  of  tliis  commonwealth  ;   and  also  every  For  educational 
citizen   who  shall  be,  by  law,   exempted  from  taxation,  geeame'llcr-"' 
and  who  shall  be,  in  all  other  respects,  qualified  as  above  KOTprovisiwi'^* 
mentioned,]  shall  have  a  right  to  vote  in  such  election  of  hav" genetiTn ° 
ofovernor,   lieutenant-o-overnor,   senators,  and  representa- the  army  or 

o  '  o  in  -11  •       navy  in  time 

fives  :  and  no  other  person  shall  be  entitled  to  vote  m  of  war,  see 

,         .  '-  ameadments, 

such  election.  Arts. xxvui. 

See  also  amendments,  Art.  XXm.,  which  was  annulled  by  amendments,  Art.  XXVI. 

Art.  IV.     Notaries  public  shall  be  appointed  by  the  NotarieB public, 

,,  '^  .      T    .    ,       ,,,  how  appointed 

governor  m  the  same  manner  as  judicial  oihcers  are  ap-  and  removed. 
pointed,  and  shall  hold  their  offices  during  seven  years, 
unless  sooner  removed  by  the  governor,  with  the  consent 
of  the  council,  upon  the  address  of  both  houses  of  the  f^e^u^'^Ar^t" 
legislature.  .  xxxvii. ' 

fin  case  the  office  of  secretary  or  treasurer  of  the  com-  vacancies  in  the 

L  ,,,         ,      „     ,  ^   J.  1       .  offices  of  secre- 

1110 n wealth  shall  become  vacant  irom  any  cause,  during  tary  and  treas- 
the  recess  of  the  general  court,  the  governor,  with  the  tws  clause 
advice  and  consent  of   the  council,   shall   nominate  and  ame^.^dmems^ 
appoint,  under  such  regulations   as  may  be    prescribed  ^r'-  ^vii. 
by  law,  a  competent  and  suitable  person  to  such  vacant 
office,  who  shall  hold  the  same  until  a  successor  shall  be 
appointed  by  the  general  coiu't.] 

\yhenever  the  exigencies  of   the  commonwealth  shall  geu'^I^l'marbe 
require  the  appointment  of  a  commissary-general,  he  shall  e^'Pg"'"^^''' '" 
be  nominated,  appointed,  and  commissioned,  in  such  man- 
ner as  the  legislatm-e  may,  by  law,  prescribe. 

All  officers  commissioned  to  command  in  the  militia  Miutia  officers, 
may  be  removed  from  office  in  such  manner  as  the  legis- 
lature may,  b}^  law,  prescribe. 

Art.  V.     In  the  elections  of  captains  and  subalterns  who  may  vote 
of  the  militia,  all  the  members  of  their  respective  compa-  eubaiternr  "^^ 
nies,  as  well  those  under  as  those  above  the  age  of  twenty- 
one  years,  shall  have  a  right  to  vote. 

Art.  VI.     Instead  of  "the  oath  of  allegiance  prescribed  ^f^i'^offidrs.'" 
by  the  constitution,  the  following  oath  shall  be  taken  and  ch^  vi"  Art.  i. 
subscribed  by  every  person  chosen  or  appointed  to  any 
office,   civil  or  military,   under  the  government  of  this 
commonwealth,  before  he  shall  enter  on  the  duties  of  his 
office,  to  -vvit :  — 

"I,  A.  B.,  do  solemnly  swear,  that  I  will  bear  true 
faith  and  allegiance  to  the  Commonwealth  of  Massachu- 
setts, and  will  support  the  constitution  thereof.  So  help 
me,  God." 


12-2  Ma8e.  445, 


36  coxsrrruTiON  of  the 

Qm.l!eri  nmy  Prov!(Io<l,  Tlmt  wlicM  aiiy  porsoii  sliall  be  of  the  donomi- 

otiiriu.  nation  called  (Quakers,  and  shall  decline  tjiking  said  oath, 

he  shall  make  his  aliirniation  in  the  foregoing  form,  omit- 
ting the  word  "  swear"  and  inserting,  instead  tliereof,  the 
word  ''  afiirm,"and  omittingthe  words  "So  helpine,  God," 
and  subjoining,  instead  thereof,  the  words,  "This  I  do 
under  the  pains  and  penalties  of  perjury." 
Teeu abolished.  ^^,..^,  y^  ^^  Q.^tlj^  declaration,  or  subscription,  ex- 
cepting the  oath  prescribed  in  the  preceding  article,  and 
the  oath  of  olKce,  shall  be  required  of  the  governor,  lieuten- 
ant-governor, councillors,  senators,  or  representatives,  to 
(jualifvthem  to  perform  the  duties  of  their  respective  offices. 
orcTtK"""'^^  AuT.  VIII.  No  judge  of  any  court  of  this  common- 
wealth, (except  the  court  of  sessions,)  and  no  person 
holding  any  office  under  the  authority  of  the  United 
States,  (postmasters  excepted,)  shall,  at  the  same  time, 
hold  the  office  of  governor,  lieutenant-governor,  or  coun- 
cillor, or  have  a  seat  in  the  senate  or  house  of  representa- 
tives of  this  commonwealth  ;  and  no  judge  of  any  court  in 
this  commonwealth,  (except  the  court  of  sessions,)  nor  the 
attorney-general,  solicitor-general,  county  attorney,  clerk 
of  any  court,  sheriff,  treasm'er  and  receiver-general,  reg- 
ister of  probate,  nor  register  of  deeds,  shall  continue  to 
hold  his  said  office  after  being  elected  a  member  of  the 
Congress  of  the  United  States,  and  accepting  that  trust ; 
but  the  acceptance  of  such  trust,  by  any  of  the  officers 
aforesaid,  shall  be  deemed  and  taken  to  be  a  resignation 
of  his  said  office  ;  and  judges  of  the  com'ts  of  common 
pleas  shall  hold  no  other  office  under  the  government  of 
this  connnon wealth,  the  office  of  justice  of  the  peace  and 
militia  offices  excepted. 
^rtiuuion?'°  Akt.  IX.  If,  at  any  time  hereafter,  any  specific  and 
particular  amcnduKMit  or  amendments  to  the  constitution 
be  proposed  in  the  general  court,  and  agreed  to  by  a  ma- 
jority of  the  senators  and  two-thirds  of  the  members  of 
the  house  of  representatives  present  and  voting  thereon, 
such  proposed  amendment  or  amendments  shall  be  entered 
on  the  journals  of  the  two  houses,  with  the  yeas  and  nays 
taken  tliereon,  and  referred  to  the  general  com't  then  next 
to  be  chosen,  and  shall  be  published  ;  and  if,  in  the  general 
court  next  chosen  as  aforesaid,  such  proposed  amendment 
or  amendments  shall  be  agreed  to  by  a  majority  of  the 
senators  and  two-thirds  of  the  members  of  the  house  of 
representatives  present  and  voting  thereon,  then  it  shall 
be  the  duty  of  the  general  court  to  submit  such  proposed 


bow  made. 


COMMONWEALTH   OF   INIASSACHUSETTS.  37 

amendment  or  amendments  to  the  people  ;  and  if  they 
shall  be  approved  and  ratified  by  a  majority  of  the  quali- 
fied voters,  voting  thereon,  at  meetings  legally  warned 
and  holden  for  that  pm*pose,  they  shall  become  part  of 
the  constitution  of  this  commonwealth. 

Art.  X.  The  political  3'ear  shall  begin  on  the  first  commencemeut 
Wednesda}'  of  January,  instead  of  the  last  Wednesday  of  yeir" '*'"'' 
May  ;  and  the  general  court  shall  assemble  every  j^ear  on 
the  said  fii-st  Wednesda}^  of  Januar}%  and  shall  proceed,  at 
that  session,  to  make  all  the  elections,  and  do  all  the  other 
acts,  "which  are  b}'  the  constitution  required  to  be  made  and 
done  at  the  session  which  has  heretofore  commenced  on  the 
last  Wednesday  of  May.  And  the  general  court  shall  be  ^.  and  terminE,. 
dissolved  on  the  da}^  next  preceding  the  first  Wednesday 
of  January,  without  any  proclamation  or  other  act  of  the 
governor.  But  nothing  herein  contained  shall  prevent 
the  general  court  from  assembling  at  such  other  times  as 
they  shall  judge  necessar}^  or  when  called  together  by  the 
governor.  The  governor,  lieutenant-srovernor  and  coun- 
cillors,  shall  also  hold  their  respective  offices  for  one  year 
next  following  the  fii'st  Wednesday  of  January",  and  until 
others  are  chosen  and  qualified  in  their  stead. 

[The  meeting  for  the  choice  of  governor,  lieutenant-  Meetings  for  the 

L  O  •  1      n     1         1      11  choice  of  gov- 

governor,  senators,  and  representatives,  shall  be  held  on  emor,  iieuten- 
the    second    Monday  of  November  in   every  3^ear ;    but  utc.rwheato'he 
meetings  may  be  adjourned,  if  necessary,  for  the  choice  Thuciause 
of  representatives,  to  the  next  day,  and  again  to  the  next  Tmen'dmemB^/ 
succeeding  day,   but  no  further.     But  in  case  a  second  ^rt.xv. 
meeting  shall  be  necessary  for  the  choice  of  representa- 
tives, such  meetings  shall  be  held  on  the  fourth  Monday 
of  the  same  month  of  November.] 

All  the  other  provisions  of  the  constitution,  respecting 
the  elections  and  proceedings  of  the  members  of  the  gen- 
eral court,  or  of  any  other  officers  or  persons  whatever,  that 
have  reference  to  the  last  Wednesday  of  May,  as  the  com- 
mencement of  the  political  year,  shall  be  so  far  altered,  as 
to  have  like  reference  to  the  first  Wednesday  of  January. 

This  article  shall  go  into  operation  on  the  first  day  of  ^""go^nto  ^^'^ 
October,  next  following  the  day  when  the  same  shall  be  operation. 
duly  ratified  and  adopted  as  an  amendment  of  the  consti- 
tution ;  and  the  governor,  lieutenant-governor,  councillors, 
senators,  representatives,  and  all  other  state  officers,  who 
are  annually  chosen,  and  who  shall  be  chosen  for  the  cur- 
rent year,  when  the  same  shall  go  into  operation,  shall 
hold  their  respective  offices  until  the  first  Wednesday  of 


66 


CONSTITUTION   OF   THE 


UcliKious 
frecilom 
entaMit^hcd. 
Sco  Di'c.  of 
Ifl!jht«,  Art. 


122  MasB.  40,41, 


CcDBHs  of  rata- 
ble pollH  to  be 
taken  in  1S,i7, 
and  deccnuially 
thereafter. 
Thi«  article  was 
Huperocded  by 
ameiKlmcDtfl, 
Art.  Xni  , 
whicli  was  aleo 
Buperheilod  by 
ami-iiduiente, 
Art.  \ XI. 
KeprcKcnta- 
tlvcx,  bow 
apportioned. 


Jnmii\rv  tlioii  next  ibllowiiiir,  iiiul  until  others  are  chosen 
and  (|u:ililie(l  in  their  stead,  and  no  longer;  and  the  first 
eleetion  oftiie  i>()vernor,  lieutenant-governor,  senators,  and 
representatives,  to  be  had  in  virtue  of  this  article,  shall 
be  had  eonfonnably  thereunto,  in  the  month  of  November 
following  the  day  on  Avliieh  the  same  shall  be  in  force,  and 
go  into  operation,  })ursuant  to  the  foregoing  provision. 

All  the  })rovisions  of  the  existing  constitution,  incon- 
sistent with  the  provisions  herein  contained,  are  hereby 
wholly  annulled. 

Art.  XI.  Instead  of  the  third  article  of  the  bill  of 
rights,  the  following  modification  and  amendment  thereof 
is  substituted  :  — 

"As  the  public  worship  of  God  and  instructions  in 
pietj^  religion,  and  morality,  promote  the  happiness  and 
pro.'^perity  of  a  people,  and  the  security  of  a  republican 
government;  therefore,  the  several  religious  societies  of 
this  commonwealth,  whether  corporate  or  unincorporate, 
at  any  meeting  leg-ally  warned  and  holden  for  that  pur- 
pose, shall  ever  have  the  right  to  elect  their  pastors  or 
religious  teachers,  to  contract  with  them  for  their  support, 
to  raise  money  for  erecting  and  repairing  houses  for  i)ublic 
worship,  for  the  maintenance  of  religious  instruction,  and 
for  the  })ayment  of  necessary  expenses  ;  and  all  persons 
belonging  to  an}^  religious  society  shall  be  taken  and  held 
to  be  members,  until  they  shall  file  with  the  clerk  of  such 
society  a  written  notice,  declaring  the  dissolution  of  their 
membership,  and  thenceforth  shall  not  be  liable  for  any 
grant  or  contract  which  may  be  thereafter  made,  or  entered 
into  by  such  society  ;  and  all  religious  sects  and  denomi- 
nations, demeaning  themselves  peaceably,  and  as  good 
citizens  of  the  commonAvealth,  shall  be  equally  under  the 
protection  of  the  law  ;  and  no  subordination  of  any  one 
sect  or  denomination  to  another  shall  ever  be  established 
by  law." 

Art.  XII.  [In  order  to  provide  for  a  representation 
of  the  citizens  of  this  commonwealth,  founded  upon  the 
principles  of  equality,  a  census  of  the  ratable  polls,  in  each 
city,  town,  and  district  of  the  counnonwealth,  on  the  first 
day  of  ^lay,  shall  be  taken  and  returned  into  the  secre- 
tary's office,  in  such  manner  as  the  legislature  shall  pro- 
vide, within  the  month  of  Ma}',  in  the  3^ear  of  our  Lord 
one  thousand  eight  hundred  and  thirty-seven,  and  in  every 
tenth  year  thereafter,  in  the  month  of  May,  in  manner 
aforesaid  ;  and  each  town  or  city  having  three  hundred  rata- 


COMMONWEALTH   OF   MASSACHUSETTS.  39 

ble  polls  at  the  last  preceding  decennial  census  of  polls, 
may  elect  one  representative,  and  for  every  four  hundred 
and  fifty  ratable  polls  in  addition  to  the  first  three  hun- 
dred, one  representative  more. 

Any  town  having  less  than  three  hundred  ratable  polls  Towns  havino 
shall  be  represented  thus  :  The  whole  number  of  ratable  rttlbij'poiis, 
polls,  at  the  last  preceding  decennial  census  of  polls,  shall  genLd!^'^^' 
be  multiplied  by  ten,  and  the  product  divided  by  tlu^ee 
hundred  ;  and  such  town  may  elect  one  representative  as 
many  years  within  ten  years,  as  three  hundred  is  contained 
in  the  product  aforesaid. 

Any  city  or  town  having  ratable  polls  enough  to  elect  j^eprelemed,*^'^ 
one  or  more  representatives,  with  any  number  of  polls 
beyond  the  necessary  number,  ma}'  be  represented,  as  to 
that  surplus  number,  by  multiplying  such  surplus  number 
by  ten  and  dividing  the  product  by  four  hundred  and  fifty  ; 
and  such  city  or  town  may  elect  one  additional  representa- 
tive as  many  years,  within  the  ten  years,  as  four  hundred 
and  fifty  is  contained  in  the  product  aforesaid. 

Any  two  or  more  of  the  several  towns  and  districts  Towns  may 
may,  by  consent  of  a  majority  of  the  legal  voters  present  Tentative'dfs'- 
at  a  legal  meeting',  in  each  of  said  towns  and  districts,  *"''**• 
respectively,  called  for  that  purpose,  and  held  previous  to 
the  first  day  of  July,  in  the  year  in  which  the  decennial 
census  of  polls  shall  be  taken,  form  themselves  into  a  rep- 
resentative district  to  continue  until  the  next  decennial 
census  of  polls,  for  the  election  of  a  representative,  or  rep- 
resentatives ;  and  such  district  shall  have  all  the  rights,  in 
regard  to  representation,  which  would  belong  to  a  town 
containing  the  same  number  of  ratable  polls. 

The  governor  and  council  shall  ascertain  and  determine,  The  governor 
within  the  months  of  July  and  August,  in  the  year  of  our  detlrmtaeihe 
Lord  one  thousand  eight  hundred  and  thu'ty-seven,  accord-  resTntaUvlrto" 
ing  to  the  foregoing  principles,  the  number  of  representa-  ^^n'^jg^entitied. 
tives,  which  each  city, 'town,  and  representative  district 
is  entitled  to  elect,  and  the  number  of  years,  within  the 
period  of  ten  years  then  next  ensuing,  that  each  city, 
town,  and  representative  district  may  elect  an  additional 
representative  ;  and  where  any  town  has  not  a  sufficient 
number  of  polls  to  elect  a  representative  each  year,  then, 
how  many  years  within  the  ten  years,  such  town  may  elect 
a  representative  ;  and  the  same  shall  be  done  once  in  ten  New  apportion. 
3'ears,  thereafter,  by  the  governor  and  council,  and  the  mrceiueveTy  * 
number  of  ratable  polls  in  each  decennial  census  of  polls,  ^^'^i'^^'^^- 
shall  determine  the  number  of  representatives,  which  each 


40 


("ONSTITUTIOX    OF   THE 


Ineon«U<«nt 

pn>rl«lon« 

MiDuUed. 


Onaun  of  In- 
habtunu  to  be 
Ukcn  III  1^40, 
Mid  ilocfuiiliiUy 
UuTfiiflcr,  fi.r 
baol*  of  rci>re- 
•oiilntlon. 
rrovlKloiiK  a»  to 
c«n«iis  viipcr- 
•ededbvttiiivnd- 
mcntK,  ArtH. 
XXI  andXXII. 

Senatorial  dU- 
trlct*  docliircd 

P*rtnaneiit. 
rovlKtoiii*  «»  to 
Msnatora  BUpi-r- 
•eded  by  amend- 
ment*, Art. 

xxu. 


Uonno  of  reprc 
•enutlvcs,  how 
apportioned. 
I'roviitlonH  n8  tc 
representatives 
•uper»c<ic(l  by 
aniendiueiitg, 
Art,  XXI. 


Small  towns, 
how  reprc- 

►enti-il. 


Town*  may 
unite  Into 
representative 
diatrleu. 


i'it\  .  town  and  rcprcsciitutivo  district  may  elect  as  afore- 
siiitl  :  aiul  when  the  miinluT  of  representatives  to  be  elected 
bv  each  citv,  town,  or  reju'esentativc  district  is  ascertained 
find  determined  as  aforesaid,  the  nfovernor  shall  cause  the 
same  to  be  published  forthwith  for  the  information  of  the 
])eople,  and  that  number  shall  remain  fixed  and  unalterable 
for  the  period  of  ten  years. 

All  th(>  provisions  of  the  existing  constitution  incon- 
sistent with  the  i)rovisions  herein  contained,  arc  hereby 
wholly  annulled.] 

Akt.  XIII.  [A  census  of  the  inhabitants  of  each  cit}'' 
and  town,  on  the  first  day  of  May,  shall  be  taken,  and 
returned  into  the  secretary's  ofh'ce,  on  or  before  the  last 
day  of  .June,  of  the  year  one  thousand  eight  hundred  and 
forty,  and  of  every  tenth  year  thereafter ;  which  census 
shall  detenuine  the  apportionment  of  senators  and  repre- 
sentatives for  the  term  of  ten  years.  122  Mass.  595. 

The  Severn!  senatorial  districts  now  existing  shall  be 
permanent.  The  senate  shall  consist  of  fort}'^  members  ; 
and  in  the  year  one  thousand  eight  hundred  and  forty, 
and  every  tenth  year  tlu>reafter,  the  governor  and  council 
shall  assign  the  number  of  senators  to  be  chosen  in  each 
district,  according  to  the  number  of  inhabitants  in  the 
same.  But,  in  all  cases,  at  least  one  senator  shall  be 
a.ssigned  to  each  district. 

The  members  of  the  house  of  representatives  shall  be 
apportioned  in  the  following  manner  :  Every  town  or  city 
containing  twelve  hundred  inhabitants  may  elect  one  rep- 
resentative ;  and  two  thousand  four  hundred  inhabitants 
shall  be  the  mean  increasing  number,  which  shall  entitle 
it  to  an  additional  re})resentative. 

P^very  town  containing  less  than  twelve  hundred  inhab- 
itants shall  be  entitled  to  elect  a  representative  as  many 
times  within  ten  3'ears  as  the  number  one  hundred  and 
sixty  is  contained  in  the  number  of  the  inhabitants  of  said 
town.  Such  towns  may  also  elect  one  representative  for 
the  year  in  which  the  valuation,  of  estates  within  the  com- 
monwealth shall  l)e  settled. 

Any  two  or  more  of  the  several  towns  may,  by  consent 
of  a  njajority  of  the  legal  voters  present  at  a  legal  meet- 
ing, in  each  of  said  towns,  respectively,  called  for  that 
purpose,  and  held  before  the  first  day  of  August,  in  the 
year  one  thousand  eight  hundred  and  forty,  and  every 
tenth  year  thereafter,  form  themselves  into  a  representa- 
tive district,  to  continue  for  tlio  term  of  ten  years  ;  and 


COMMONWEALTH   OF   MASSACHUSETTS.  41 

such  district  shall  have  all  the  rights,  in  regard  to  repre- 
sentation, which  would  belong  to  a  town  containing  the 
same  number  of  inhabitants. 

The  number  of  inhabitants  which  shall  entitle  a  town  Basis  of 
to  elect  one  representative,  and  the  mean  increasing  num-  aud  ratio  of    ' 
ber  which  shall  entitle  a  town  or  city  to  elect  more  than  "^'='"^''®®- 
one,  and  also  the  number  by  which  the  population  of  towns 
not  entitled  to  a  representative  every  3^ear  is  to  be  divided, 
shall  be  increased,  respectively,  by  one-tenth  of  the  num- 
bers above  mentioned,  Avhenever  the  population  of  the 
commonwealth  shall  have  increased  to  seven  hundred  and 
seventy  thousand,   and  for  every  additional  increase  of 
seventy  thousand  inhabitants,  the  same  addition  of  one- 
tenth  shall  be  made,  respectively,  to  the  said  numbers 
above  mentioned. 

In  the  year  of  each  decennial  census,  the  governor  and  Jn^dcOTnciTto 
council  shall,  before  the  first  day  of  September,  a])portion  f/^^Piber""/^** 
the  number  of  representatives  which  each  city,  town,  and  representatives 

^.         .  .  .11  1       i  1  •       of  eacli  town 

representative  district  is  entitled  to  elect,  and  ascertain  once  iu  every 
how  many  3'ears,  within  ten  years,  any  town  may  elect  a  ^^^'^^^'" 
representative,  which  is  not  entitled  to  elect  one  every 
year  ;  and  the  governor  shall  cause  the  same  to  be  pub- 
lished forthwith. 

Nine  councillors  shall  be  annually  chosen  from  among  Councillors  to 
the  people  at  large,  on  the  first  Wednesday  of  January,  tiieVeopi'e  at*™ 
or  as  soon  thereafter  as  may  be,  by  the  joint  ballot  of  the  i'rfvisious  as tc 
senators  and  representatives,  assembled  in  one  room,  who  B^,perieded by 
shall,  as  soon  as  mav  be,  in  like  manner,  fill  up  any  vacan-  amendments; 

,  •     .        ,  •!     1         1         1  •  •  Art.  XVI. 

cies  that  may  happen  in  the  council,  by  death,  resignation, 

or  otherwise.     No  person  shall  be  elected  a  councillor,  who  Qualifications 

has  not  been  an  inhabitant  of  this  commonwealth  for  the  ° 

term  of  five  3^ears  immediately  preceding  his   election  ; 

and  not  more  than  one  councillor  sliali  be  chosen  from 

any  one  senatorial  district  in  the  commonwealth.] 

No  possession  of  a  freehold,  or  of  any  other  estate,  shall  JuaiSion'for 
be  refiuired  as  a  qualification  for  holding  a  seat  in  either  a  seat  in  general 

/  i  .         ,  ®  .  .,          court  or  council 

branch  ot  the  general  court,  or  m  the  executive  council,     not  required. 

Aet.  XIV.     In   all  elections   of  civil  officers  by  the  Elections  by  the 
people  of  this  commonwealth,  whose  election  is  provided  p^uramyof  ^ 
for  by  the  constitution,  the  person  having  the  highest  num-  "^°*®* 
ber  of  votes  shall  be  deemed  and  declared  to  be  elected. 

Aet.  XV.     The  meeting  for  the  choice  of  governor.  Time  of  annual 
lieutenant-governor,  senators,  and  representatives,  shall  emor  and  legis. 
be  held  on  the  Tuesday  next  after  the  first  Monday  in  ^**"'^' 
November,  annually  ;  but  in  case  of  a  failure  t£)  elect  rep- 


42 


("ONSTITrTION    OF    THE 


Ktgbt  rotiiicll 
lor*  to  hv  chon'U 
by  the  luHiiile. 
\il  Mm*.  6vft, 


LefftnUturc  to 
dUtrlot  aUM. 


Kll^blllty 
detlced. 


Day  and  man- 
ner of  election, 
etc 


Vacancies,  how 
tilled. 

Kor  new  pro- 
vision aa  to 
vacancU'H,  fee 
amendment!), 
Art.  XXV. 


Orgaolzatlon  of 
the  government. 


rcsmtuti vos  on  that  day,  a  srcond  luoctiiii::  .sliall  he  holdcn, 
for  that  piirpo.sc,  on  i\w  fourth  Monday  of  the  same  month 
of  November. 

.\kt.  XVI.  Eijrlit  couneiUors  shall  be  annually  chosen 
bv  the  inhabitant.s  of  this  coninionwealth,  qualified  to  vote 
for  governor.  The  election  of  councillors  shall  be  deter- 
mined by  the  same  rule  that  is  required  in  the  election  of 
•rovernor.  The  legislature,  at  its  first  session  after  this 
ainendnient  shall  have  been  adopted,  and  at  its  fu'st  ses- 
sion after  the  iiext  state  census  shall  have  been  taken, 
and  at  its  first  session  after  each  decennial  state  census 
thereafterwards,  shall  divide  the  commonwealth  into  eight 
districts  of  contiguous  territory,  each  containing  a  number 
of  inhabitants  as  nearly  etjual  as  practicable,  Avithout  divid- 
ing any  town  or  Avard  of  a  city,  and  each  entitled  to  elect 
one  councillor  :  provided,  however,  that  if,  at  any  time,  the 
constitution  shall  provide  for  the  division  of  the  common- 
wealth into  forty  senatorial  districts,  then  the  legislature 
shall  so  arrange  the  councillor  districts,  that  each  district 
shall  consist  of  five  contiguous  senatorial  districts,  as 
they  shall  be,  from  time  to  time,  established  by  the  legis- 
lature. No  person  shall  be  eligible  to  the  office  of  coun- 
cillor who  has  not  been  an  inhabitant  of  the  commonwealth 
for  the  term  of  five  years  immediateh^  preceding  his  elec- 
tion. The  day  and  manner  of  the  election,  the  retm'n  of 
the  votes,  and  the  declaration  of  the  said  elections,  shall 
be  the  same  as  are  required  in  the  election  of  governor. 
[Whenever  there  shall  be  a  failure  to  elect  the  full  num- 
ber of  councillors,  the  vacancies  shall  be  filled  in  the  same 
manner  as  is  required  for  filling  vacancies  in  the  senate  ; 
and  vacancies  occasioned  by  death,  removal  from  the  state, 
or  otherwise,  .shall  be  filled  in  like  manner,  as  soon  as  may 
be,  after  such  vacancies  shall  have  happened.]  And  that 
there  may  be  no  dela}^  in  the  organization  of  the  govern- 
ment on  the  first  Wednesday  of  January,  the  governor, 
with  at  least  five  councillors  for  the  time  being,  shall,  as 
soon  as  may  be,  examine  the  returned  copies  of  the  records 
for  th(!  election  of  governor,  lieutenant-governor,  and  coun- 
cillors ;  and  ten  days  before  the  said  first  Wednesday  in 
January  he  shall  issue  his  summons  to  such  persons  as 
app(>ar  to  be  chosen,  to  attend  on  that  day  to  be  qualified 
accordingly  ;  and  the  secretary  shall  lay  the  returns  before 
the  senate  and  house  of  representatives  on  the  said  first 
Wednesday  in  January,  to  be  by  them  examined  ;  and  m 
caije  of  the  election  of  either  of  said  officers,  the  choice 


COMMONWEALTH   OF   MASSACHUSETTS.  43 

shall  be  by  them  declared  and  published  ;  but  in  case  there 
shall  be  no  election  of  either  of  said  officers,  the  legislat- 
ure shall  proceed  to  fill  such  vacancies  in  the  manner  pro- 
vided in  the  constitution  for  the  choice  of  such  officers. 

Art.  XVII.      The   secretary,   treasm^er  and  receiver-  Election  of 
general,  auditor,  and  attorney-general,   shall  be  chosen  u'lerfauciitor,''^' 
annuall3^   on    the   day  in   November   prescribed  for  the  genefaTby^tii'e 
choice  of  governor  ;  and  each  person  then  chosen  as  such,  p«opie. 
duly  qualified  in  other  respects,  shall  hold  his  office  for 
the  term  of  one  year  from  the  third  Wednesday  in  Jan- 
uary  next  thereafter,   and  until  another  is  chosen    and 
qualified   in  his  stead.     The  qualification  of  the  voters, 
the  manner  of  the  election,  the  return  of  the  votes,  and 
the  declaration  of  the  election,  shall  be  such  as  are  required 
in  the  election  of  governor.     In  case  of  a  failure  to  elect  vacancies,  how 
either  of  said  officers  on  the  day  in  November  aforesaid, 
or  in  case  of  the  decease,  in  the  mean  time,  of  the  person 
elected  as  such,  such  officer  shall  be  chosen  on  or  before 
the  third  Wednesday  in  January  next  thereafter,  from 
the  two  persons  who  had  the  highest  number  of  votes  for 
said  offices  on  the  day  in  November  aforesaid,  by  joint 
ballot  of  the  senators  and  representatives,  in  one  room ; 
and  in  case  the  office  of  secretary,  or  treasurer  and  receiver- 
general,  or  auditor,  or  attorney-general,  shall  become  va- 
cant, from  any  cause,  during  an  annual  or  special  session 
of  the  general  court,  such  vacancy  shall  in  like  manner 
be  filled  by  choice  from  the  people  at  large  ;  but  if  such 
vacancy  shall  occur  at  any  other  time,  it  shall  be  supplied 
by  the  governor  by  appointment,  with  the  advice  and  con- 
sent of  the  council.     The  person  so  chosen  or  appointed, 
duly  qualified  in  other  respects,  shall  hold  his  office  until 
his  successor  is  chosen  and  duly  qualified  in  his  stead. 
In  case  any  person  chosen  or  appointed  to  either  of  the  To  qualify 
offices  aforesaid,  shall  neglect,  for  the  space  of  ten  days  ^therwue  oaf^; 
after  he  could  otherwise  enter  upon  his  duties,  to  qualify  yac^ant.''^'"*^'^ 
himself  in  all  respects  to  enter  upon  the  discharge  of  such 
duties,  the  office  to  which  he  has  been  elected  or  appointed 
shall  be  deemed  vacant.     No  person  shall  be  eligible  to  Qualification 
either  of  said  offices  unless  he  shall  have  been  an  inhabi-  '■*'^"'"*^- 
tant  of  this  commonwealth  five  years  next  preceding  his 
election  or  appointment. 

Art.  XVIII.     All  mone^^s  raised   by  taxation  in  the  school  moneys 
towns  and  cities  for  the  support  of  public  schools,  and  pued'for secta. 
all  moneys  which  may  be  appropriated  by  the  state  for  po^or^^nil' 
the  support  of  common  schools,   shall  be  applied  to,  and  provision  as  to 


44  roNSTirrTiox  of  tiih 

»ch.».i., r...  i'\|M>ii(h'(l  ill,  MO  other  scliools  tliJiM  tho.>^c  which  are  con- 
i°ttrtn'rI.i"Art.  (hietetl  iieeordinu:  to  hnv,  uiuh'r  the  order  and  superiiiteiid- 
laAiion, 6u»,  ^'iH't^  <>1"  tl'<^'  authorities  of  the  town  or  city  in  which  llie 
iMiiw..w,ofl.  i"^>'i^'y  is  to  he  expended;  and  such  mono}'^  shall  never 

be  appropriated  to  atiy  reli<i:ious  sect  for  the  maintenance, 

exclusively,  of  its  own  school. 
;,^?.chboTof"  Art.  XIX.  The  legislature  shall  prescribe,  by  general 
lher*iffTrl"gi»^  '^^^''  *'"**  ^'^^'  clectiou  of  slicriHs,  registers  of  probate,  [com- 
UT.of  I'.robato.  missioners  of  insolvency,]  and  clerks  of  the  courts,  by  the 
aineniimcn'H,  jjcoplc  of  tlic  scvcral  couutics,  and  that  district-attorneys 
iora'yii".  "  shall  be  chosen  by  the  people  of  the  several  districts,  for 
13  Gray,  .4.       m^-jj  tomi  of  oflice  as  the  legislature  shall  prescribe. 

no  Mass.  172, 173.  117  Maes.  602,  603.  121  MasB.  65, 

Sii"i« """'""  Art.  XX.  No  person  shall  have  the  right  to  vote,  or 
wui'"'' 1°*^  H  '^^  eligible  to  office  under  the  constitution  of  this  common- 
iary  qu'aiifku-'  wcaltli,  who  sliall  iiot  bc  ablc  to  read  the  constitution  in 
I'roviBo.^ "'*'"■  the  Englisii  language,  and  write  his  name  :  j)'>'ovided,  how- 
nalthmNHoe""'  ("ver,  that  the  i)rovisions  of  this  amendment  shall  notai)i)ly 
Aru'iiT.*'"''*'  ^^  ^"7  person  prevented  by  a  physical  disabilit}'^  from  com- 
nfe"i?!''Vrt"*'°'''  pb'^".^  '^^'itli  its  rcquisitions,  nor  to  any  person  who  now 
xxui'.,  which  lias  the  right  to  vote,  nor  to  any  persons  who  shall  be 
amend m en t.<,  ^  sixtv  vcars  of  aii'e  or  upwards  at  the  time  this  amendment 

Art.  XXVI.  ,     nil  rt-     <- 

shall  take  enect. 
voterflundor'       AiiT.  XXI.     A  cousus  of  the  legal  voters  of  each  city 
when  token       '*'"^  town,  ou  the  first  day  of  Maj^  shall  be  taken  and 
etc.  See    '      rctumcd  into  the  office  of  the  secretary  of  the  common- 
wealth, on  or  before  the  last  da}''  of  June,  in  the  3'ear  one 
thousand  eight  hundred  and  fifty-seven  ;  and  a  census  of 
the  inhabitants  of  each  city  and  town,  in  the  year  one 
thousand  eight  hundred  and  sixty-five,  and  of  every  tenth 
year  thereafter.    In  the  census  aforesaid,  a  special  enumer- 
ation shall  be  made  of  the  legal  voters  ;  and  in  each  city, 
said  enumeration  shall  specify  the  num])er  of  such  legal 
voters  aforesaid,  residing  in  each  ward  of  such  city.     The 
emuneration  aforesaid  shall  determine  the  apportionment 
of  representatives  for  the  periods  between  the  taking  of 
the  census. 
"nuuvoVto'"'^"      I'lie  house  of  rei)resentatives  shall  consist  of  two  hun- 
membor"/.'^"     clrcd  aiid  forty. mcmbcrs,  which  shall  be  apportioned  by 
Leguittturc  to    the  legislature,  at  its  first  session  after  the  return  of  each 

apportion,  etc.  '^       .  „  .  , 

10  Gray, 613,  cnumeitition  as  aforesaid,  to  the  several  counties  of  the 
commonwealth,  etjually,  as  nearly  as  ma}^  be,  according 
to  their  relative  numbers  of  legal  voters,  as  ascertained 
by  the  next  preceding  special  enumeration  ;  and  the  town 
of  Cohasset,  in  the  county  of  Norfolk,  shall,  for  this  pur- 


COMMONWEALTH   OF   MASSACHUSETTS.  45 

pose,  as  well  as  in  the  formation  of  districts,  as  hereinafter 
provided,  be  considered  a  part  of  the  count}^  of  Plj^mouth  ; 
and  it  shall  be  the  duty  of  the  secretary  of  the  common-  Secretary  ehaii 
wealth,  to  certify,  as  soon  as  may  be  after  it  is  determined  cers'luti^Sea 
by  the  legislature,  the  number  of  representatives  to  which  counties'* 
each  county  shall  be  entitled,  to  the  board  authorized  to 
divide   each    countj^  into  representative   districts.      The 
mayor  and  aldermen  of  the  city  of  Boston,  the  county 
commissioners  of  other  counties  than  Suffolk,  —  or  in  lieu 
of  the  mayor  and  aldermen  of  the  city  of  Boston,  or  of  the 
county  commissioners  in  each  county  other  than  Suffolk, 
such  board  of  special  commissioners  in  each  county,  to 
be  elected  by  the  people  of  the  county,  or  of  the  towns 
therein,  as  may  for  that  purpose  be  provided  by  law,  — 
shall,    on   the  first  Tuesday  of   August  next  after  each  Meeting  for 
assignment  of  representatives  to  each  county,  assemble  at  flrlrruesday 
a  shire  town  of  their  respective  counties,  and  proceed,  as  Pr^efd^ngs. 
soon  as  may  be,  to  divide  the  same  into  representative 
districts  of  contiguous  territory,  so  as  to  apportion  the 
representation  assigned  to  each  county  equally,  as  nearly 
as  may  be,  according  to  the  relative  number  of  legal  voters 
in  the  several  districts  of  each  county  ;  and  such  districts 
shall  be  so  formed  that  no  town  or  ward  of  a  city  shall 
be  divided  therefor,  nor  shall  any  district  be  made  which 
shall  be  entitled  to  elect  more  than  three  representatives. 
Every  representative,  for  one  year  at  least  next  preceding  Quaiificationsof 
his  election,  shall  have  been  an  inhabitant  of  the  district  liiMS'sosf^' 
for  which  he  is  chosen,  and  shall  cease  to  represent  such  ^^^• 
district  when  he  shall  cease  to  be  an  inhabitant  of  the 
commonwealth.      The   districts  in  each  county  shall  be  Districts  to  bt 
numbered  by  the  board  creating  the  same,  and  a  descrip-  des™r/beTi knd 
tion  of  each,  with  the  numbers  thereof  and  the  number  '=^''*''^°'^- 
of  legal  voters  therein,  shall  be  returned  by  the  board,  to 
the  secretary  of  the  commonwealth,  the  county  treasurer 
of  each  count}^,  and  to  the  clerk  of  every  town  in  each 
district,  to  be  filed  and  kept  in  their  respective  offices. 
The  manner  of  calling  and  conducting  the  meetings  for 
the  choice  of  representatives,  and  of  ascertaining  their 
election,  shall  be  prescribed  by  law.      [Not  less  than  one  Quorum, see 
hundred  members  of  the  house  of  representatives  shall  Art.'xxxiii. 
constitute  a  quorum  for  doing  business  ;  but  a  less  num- 
ber may  organize  temporarily,  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members.] 

Art.  XXII.     A  census  of  the  legal  voters  of  each  city  S^"*j?^^^**'-3j 
and  town,  on  the  first  day  of  Ma}^  shall  be  taken  and 


46 


CONSTITUTION    OF   THE 


Voter*  to  be 
bml"  of  npnor- 
tlonmont  of 
senatore. 


Senate  to  con- 
dlat  of  forty 
uiciuberH. 


Seo  ntnenil- 
mentii.  Art. 
XXIV. 


Qualiflcatlons 
of  senators. 


Quorum,  see 
amendments. 
Art.  XXXIll. 


Residence  of 
two  years  re- 
quired of  natu- 
ralized citizens, 
to  entitle  to  suf- 
fraxe  or  miike 
eligible  to  otUce. 
Thin  nrticle 
annulled  by 
Art.  XXVl. 


Vacancies  In  the 
■ennte. 


rt'turiK'd  into  tlio  o/Kco  of  the  secretary  of  the  common- 
Avc:ihh,  on  or  before  the  litst  day  of  June,  in  the  year  one 
tlionsaiul  eiiclit  hundred  and  fifty-seven  ;  and  a  censua  of 
the  inhabitant.s  of  each  city  and  town,  in  the  year  one 
thousand  ei<i:lit  hundred  and  sixty-five,  and  of  ever}^  tenth 
year  thereafter.  In  the  census  aforesaid,  a  special  enu- 
meration sliall  be  made  of  the  legal  voters,  and  in  each 
city  said  enumeration  shall  specify  the  numlicr  of  such 
lej>:al  voters  aforesaid,  residing  in  each  ward  of  such  city. 
The  enumeration  aforesaid  shall  determine  the  apportion- 
uient  of  senators  for  the  periods  between  the  taking  of  the 
census.  The  senate  shall  consist  of  forty  members.  The 
general  court  shall,  at  its  first  session  after  each  next  pre- 
cfding  special  enumeration,  divide  the  conmionwcalth  into 
forty  districts  of  adjacent  territory,  each  district  to  contain, 
as  nearly  as  may  be,  an  equal  number  of  legal  voters,  ac- 
ctjrding  to  the  enumeration  aforesaid  :  j^^'ovided,  however^ 
that  no  town  (i»r  ward  of  a  city  shall  be  divided  therefor ; 
and  such  districts  shall  be  formed,  as  nearly  as  may  be, 
without  uniting  two  counties,  or  ])arts  of  two  or  more 
counties,  into  one  disti'ict.  Each  district  shall  elect  one 
senator,  who  shall  have  been  an  inhabitant  of  this  com- 
monwealth five  years  at  least  immediately  preceding  his 
election,  and  at  the  time  of  his  election  shall  be  an  inhab- 
itant of  the  district  for  which  he  is  chosen  ;  and  he  shall 
cease  to  represent  such  senatorial  district  when  he  shall 
cease  to  be  an  inhabitant  of  the  commonwealth.  [Not  less 
than  sixteen  senators  shall  constitute  a  quorum  for  doing 
business  ;  but  a  less  number  may  organize  temporarily, 
adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members.] 

Art.  XXIII.  [No  person  of  foreign  birth  shall  be  en- 
titled to  vote,  or  shall  be  eligible  to  office,  unless  he  shall 
have  resided  within  the  jurisdiction  of  the  United  States 
for  two  years  subsequent  to  his  naturalization,  and  shall 
be  otherwise  qualified,  according  to  the  constitution  and 
laws  of  tills  commonwealth :  provided,  that  this  amend- 
ment shall  not  ailect  the  rights  wdiich  any  person  of  foreign 
birth  ])Ossessed  at  the  time  of  the  adoption  thereof;  and, 
jirorlded,  further,  that  it  shall  not  affect  the  rights  of  any 
child  of  a  citizen  of  the  United  States,  born  during  the 
temporary  absence  of  the  parent  therefrom.] 

Art.  XXIV.  Any  vacaiic}^  in  the  senate  shall  be  fille'd 
by  election  by  the  people  of  the  unrepresented  district, 
upon  the  order  of  Ji  majority  of  the  senators  elected. 


COMMONWEALTH   OF   MASSACHUSETTS.  47 

Art.  XXV.  In  case  of  a  vacancy  in  the  council,  from  vacancies m the 
a  failm-e  of  election,  or  other  cause,  the  senate  and  house  ''°'"'" ' 
of  representatives  shall,  by  concm-rent  vote,  choose  some 
eligible  person  from  the  people  of  the  district  wherein  such 
vacancy  occurs,  to  fill  that  office.  If  such  vacancy  shall 
happen  when  the  legislature  is  not  in  session,  the  governor, 
with  the  advice  and  consent  of  the  council,  may  fill  the  same 
by  appointment  of  some  eligible  person. 

Art.  XXVI.     The  twenty-third  article  of  the  articles  Twenty -third 
of  amendment  of  the  constitution  of  this  commonwealth,  amendments 
which  is  as  follows,  to  wit:  "  Xo  person  of  foreign  birth  '^ni^iied. 
shall  be  entitled  to  vote,  or  shall  bo  eligible  to  office,  unless 
he  shall  have  resided  within  the  jurisdiction  of  the  United 
States  for  two  years  subsequent  to  his  naturalization,  and 
shall  be  otherwise  qualified,  according  to  the  constitution 
and  laws  of  this  commonwealth  :  2^i'oi'ided,  that  this  amend- 
ment shall  not  aifect  the  rights  wliich  any  person  of  foreign 
birth  possessed  at  the  time  of  the  adoption  thereof;  and 
provided,  further,  that  it  shall  not  aflect  the  rights  of  any 
child  of  a  citizen  of  the  United  States,  born  during  the  tem- 
porary absence  of  the  parent  therefrom,"  is  hereby  wholly 
aniudled. 

Art.  XXVII.     So  much  of  article  two  of  chapter  six  rrovisionsof 
of  the  constitution  of  this  commonwealth  as  relates  to  per-  vi.,' relating  to 
sous  holding  the  office  of  president,  professor,  or  instructor  vSdToUe^t'^" 
of  Harvard  College,  is  hereby  annulled.  annuued. 

Art.  XXVIII.  Xo  person  having  served  in  the  army  superseded  by 
or  navy  of  the  United  States  in  time  of  war,  and  having 
been  honorably  discharged  from  such  service,  if  otherwise 
qualified  to  vote,  shall  be  disqualified  therefor  on  account 
of  being  a  pauper ;  or,  if  a  pauper,  because  of  the  non- 
payment of  a  poll  tax. 

Art.  XXIX.  The  general  court  shall  have  full  power  voting  pre- 
and  authority  to  provide  for  the  inhabitants  of  the  towns 
in  this  commonwealth  more  than  one  place  of  public  meet- 
ing Avithin  the  limits  of  each  town  for  the  election  of  officers 
under  the  constitution,  and  to  prescribe  the  manner  of  call- 
ing, holding  and  conducting  such  meetings.  All  the  pro- 
visions of  the  existing  constitution  inconsistent  with  the 
provisions  herein  contained  are  hereby  annulled. 

Art.  XXX.     No  person,  otherwise  qualified  to  vote  in  voters  not  dis- 
elections  for  governor,  lieutenant-governor,  senators,  and  rea^Bou^of  ^ 
representatives,  shall,  by  reason  of  a  change  of  residence  dencf tintirsTi 
within  the  commonwealth,  be  disqualified  from  voting  for  ^^^^iJ^^^^gx, 
said  officers  in  the  city  or  town  from  Avhich  he  has  removed 


48 


coNsri  rri'iox  of  thk 


Amendment*, 
Art.  XXVUl. 
•mcDdoU. 


I'orpon  who 
rorvol  in  army 
or  imvv,  etc., 
not  ilir^qiiiililieil 
from  voting  for 
iioii-j)nyiuent  of 
poll  tax. 


Provisions  of 
amendments, 
Art.  III.,  rela- 
tive to  payment 
of  a  tax  on  a 
voting  qiialiflca- 
tlOD,  aunuUed. 


Qiiomm,ineacb 
branch  of  the 
general  court, 
to  oonsiet  of  a 
majority  of 
members. 


Provisions  of 
Art.  II.,  §  I., 
Chap.  II.,  Part 
II.,  relative  to 
property  quali- 
fication of 
governor, 
annulled. 


Provisions  of 
Art.  II.,  §111., 
Chap.  I.,  rela- 
tive to  CYpcnne 
of  travelllni{  to 
the  Ri-neral 
a(ir<cmbly  by 
memijer's  of  the 
bouse,  annulled. 


liis  ivsiilciicc,  until  tlio  o.xpinilion  of  .six  falcMidar  months 
frt)in  flic  time  of  .^iich  removal. 

.VuT.  XXXI.  Article  twcnty-ciglit  of  the  amendments 
of  the  con.stitiition  is  hereby  amended  by  striking  out  in 
the  fourth  line  thereof  the  words  "  being  a  pauper",  and 
inserting  in  jdaee  thereof  the  words  :  —  receiving  or  having 
received  aid  from  any  city  or  town,  —  and  also  by  striking 
out  in  said  fourth  line  the  Avords  "  if  a  pauper",  so  that 
the  article  as  amended  shall  read  as  follows  :  Article 
XXVIII.  No  })erson  having  served  in  the  army  or  navy 
of  the  United  States  in  tinu;  of  war,  and  having  been  hon- 
onibly  discharg(Hl  from  such  service,  if  otherwise  ([ualitied 
to  vote,  shall  be  distiualilied  therefor  on  account  of  receiv- 
ing or  having  received  aid  from  an}^  city  or  town,  or  be- 
cause of  the  non-payment  of  a  i)oll  tax. 

AiiT.  XXXII.  So  much  of  article  three  of  the  amend- 
ments of  the  constitution  of  the  commonwealth  as  is  con- 
tained in  the  following  Avords  :  "  and  who  shall  have  paid, 
by  himself,  or  his  parent,  master,  or  guardian,  any  state  or 
county  tax,  which  shall,  "svithin  two  years  next  preceding 
such  election,  have  been  assessed  upon  him,  in  any  town 
or  district  of  this  commonwealth  ;  and  also  every  citizen 
who  shall  be,  by  law,  exempted  from  taxation,  and  who 
shall  be,  in  all  other  respects,  qualified  as  above  men- 
tioned ",  is  hereby  annulled. 

Art.  XXXIII.  A  majority  of  the  members  of  each 
branch  of  the  general  court  shall  constitute  a  quorum  for 
the  transaction  of  business,  but  a  less  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent 
members.  All  the  provisions  of  the  existing  constitu- 
tion inconsistent  with  the  provisions  herein  contained  are 
hereby  annulled. 

Art.  XXXIV.  So  much  of  article  two  of  section  one 
of  chapter  two  of  part  the  second  of  the  constitution  of 
the  commonwealth  as  is  contained  in  the  following  words  : 
"and  unless  he  shall  at  the  same  time  be  seised,  in  his 
own  right,  of  a  freehold,  within  the  common Avealth,  of  the 
value  of  one  thousand  pounds  "  ;  is  hereby  annulled. 

Art.  XXXV.  So  much  of  article  two  of  section  three 
of  chapter  one  of  the  constitution  of  the  commonwealth 
as  is  contained  in  the  following  Avords  :  "  The  expenses  of 
travelling  to  the  general  assembly,  and  returning  home, 
once  in  every  session,  and  no  more,  shall  be  paid  b}'^  the 
government,  out  of  the  public  treasury,  to  every  mem- 
ber who  shall  attend  as  seasonably  as  he  can,  in  the  judg- 


COMMONWEALTH  OF  MASSACHUSETTS.  49 

ment  of  the  house,  and  does  not  depart  without  leave  ", 
is  hereby  annulled. 

Art.  XXXVI.     So  much  of  article   nineteen  of  the  Amendments, 
articles  of  amendment  to  the  constitution  of  the  common-  amended.' 
wealth  as  is  contained  in  the  following  words  :   "  commis- 
sioners of  insolvency  ",  is  hereby  annulled. 

Art.  XXXVII.     The  governor,  with  the  consent  of  Sinofficers 
the  council,  may  remove  justices  of  the  peace  and  notaries 
public. 

Art.  XXXVIII.     Voting  machines  or  other  mechanical  l!'*?"^^^,  „ 

o  machines  may 

devices  for  votmg  may  be  used  at  all  elections  under  such  gf^g^f^^*^ 
regulations  as  may  be  prescribed  by  law:  provided,  how- 
ever, that  the  right  of  secret  voting  shall  be  preserved. 

Art.  XXXIX.     Article  ten  of  part  one  of  the  consti-  i^Stm-e*^'' 
tution  is  hereb}^  amended  by  adding  to  it  the  following  t^^^^^fVud 
words  :  —  The  legislature  may  by  special  acts  for  the  pur-  etc.,  for 
pose  of  laying  out,  widening  or  relocating  highways  or  reiocathfg*''^ 
streets,  authorize  the  taking  in  fee  b}^  the  commonwealth,  ^^'^'^^^-'^ys.ete. 
or  by  a  count}^  city  or  town,  of  more  land  and  property 
than  are  needed  for  the  actual  construction  of  such  high- 
way or  street :  provided,  hov:ever,  that  the  land  and  prop-  Proviso. 
erty  authorized  to  be  taken  are  specified  in  the  act  and 
are  no  more  in  extent  than  would  be  sufficient  for  suit- 
able building  lots  on  both  sides  of  such  highway  or  street, 
and  after  so  much  of  the  land  or  property  has  been  ap- 
propriated for  such  highway  or  street  as  is  needed  there- 
for, may  authorize  the  sale   of  the  remainder  for  value 
with  or  without  suitable  restrictions. 

-Art.  XL.     Article  three  of  the  amendments  to  the  Amendments. 
constitution   is  hereby  amended   by  inserting  after  the  amended, 
word  "guardianship",  in  line  two,  the  following: — and 
persons  temporarily  or  permanently  disqualified  by  law 
because  of  corrupt  practices  in  respect  to  elections. 

Art.  XLL     Full  power  and  authority  are  hereby  given  Taxation  of  wild 
and  granted  to  the  general  court  to  prescribe  for  wild  or  °'  °^''^'  ^^  ^' 
forest  lands  such  methods  of  taxation  as  will  develop  and 
conserve  the  forest  resources  of  the  commonwealth. 

Art.  XLH.  Full  power  and  authority  are  hereby  Referendum, 
given  and  granted  to  the  general  court  to  refer  to  the 
people  for  tlieir  rejection  or  approval  at  the  polls  any  act 
or  resolve  of  the  general  court  or  au}^  part  or  parts  thereof. 
Such  reference  shall  be  by  a  majority  yea  and  nay  vote 
of  all  members  of  each  house  present  and  voting.  Any 
act,  resolve,  or  part  thereof  so  referred  shall  be  voted  on 
at  the  regular  state  election  next  ensuing  after  such  refer- 


50  CONSTITUTIOX   OF  THE 

cncp,  shall  l)(>coino  law  if  approved  by  a  majority  of  the 
voters  voting-  1  hereon,  and  shall  take  eli'ect  at  the  expira- 
tion of  thirty  days  after  the  election  at  which  it  was  ap- 
l)roved  or  at  such  time  after  the  expiration  of  the  said  thirty 
days  as  may  be  lixed  in  such  act,  resolve  or  })art  thereof. 


The  coastitution  of  Massachusetts  was  agreed  upon  by  delegates 
of  tl)c  people,  in  convention,  begun  and  held  at  Cambridge,  on  the 
first  day  of  September,  1779,  and  continued  by  adjournments  to 
the  second  day  of  March,  1780,  when  the  convention  adjourned  to 
meet  on  the  first  Wednesday  of  the  ensuing  June.  In  the  mean 
time  the  constitution  was  submitted  to  the  people,  to  be  adopted  by 
them,  provided  two-thirds  of  the  votes  given  should  be  in  the 
affirmative.  When  the  convention  assembled,  it  was  found  that 
the  constitution  had  been  adopted  by  the  requisite  number  of 
votes,  and  the  convention  accordingly  Resolved,  "That  the  caid 
Constitution  or  Frame  of  Government  shall  take  place  on  the  last 
Wednesday  of  October  next;  and  not  before,  for  any  purpose, 
save  only  for  that  of  making  elections,  agreeable  to  this  resolu- 
tion." The  first  legislature  assembled  at  Boston,  on  the  twenty- 
fifth  day  of  October,  1780. 

The  first  nine  Articles  of  Amendment  were  submitted,  by  dele- 
gates in  convention  assembled,  November  15,  1820,  to  the  people, 
and  by  them  ratified  and  adopted  April  9,  1821. 

The  tenth  Article  was  adopted  by  the  legislatures  of  the  polit- 
ical years  1829-30  and  1830-31,  respectively,  and  was  approved 
and  ratified  by  the  people  May  11,  1831. 

The  eleventh  Article  was  adopted  by  the  legislatures  of  the 
political  years  1832  and  1833,  respectively,  and  was  approved 
and  ratified  by  the  people  November  11,  1833. 

The  twelfth  Article  was  adopted  by  the  legislatures  of  the  polit- 
ical years  1835  and  1836,  respectively,  and  was  approved  and 
ratified  by  the  people  the  fourteenth  day  of  November,  1836. 

The  tliirtcenth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1839  and  1840,  respectively,  and  was  approved 
and  ratified  by  the  people  the  sixth  day  of  April,  1840. 


C0]V1M0NWEALTH   OF   MASSACHUSETTS.  51 

The  fourteenth,  fifteenth,  sixteenth,  seventeenth,  eighteenth, 
and  nineteenth  Articles  were  adopted  by  the  legislatures  of  the 
political  years  1854  and  1855,  respectively,  and  ratified  by  the 
people  the  twenty-third  day  of  May,  1855. 

The  twentieth,  twenty-first,  and  twentj^-second  Articles  were 
adopted  by  the  legislatures  of  the  pohtical  years  1856  and  1857, 
respectively,  and  ratified  by  the  people  on  the  first  day  of  May, 
1857. 

The  twenty-third  Article  was  adopted  by  the  legislatures  of 
the  poUtical  years  1858  and  1859,  respectively,  and  ratified  by  the 
people  on  the  ninth  day  of  May,  1859,  and  was  repealed  by  the 
twenty-sixth  Amendment. 

The  twenty-fourth  and  twenty-fifth  Articles  were  adopted  by 
the  legislatures  of  the  pohtical  years  1859  and  1860,  and  ratified 
by  the  people  on  the  seventh  day  of  May,  1860. 

The  twenty-sixth  Article  was  adopted  by  the  legislatures  of  the 
pohtical  years  1862  and  1863,  and  ratified  by  the  people  on  the 
sixth  day  of  April,  1863. 

The  twenty-seventh  Article  was  adopted  by  the  legislatures  of 
the  poUtical  years  1876  and  1877,  and  was  approved  and  rati- 
fied by  the  people  on  the  sixth  day  of  November,  1877. 

The  twenty-eighth  Article  was  adopted  by  the  legislatures  of 
the  poUtical  years  1880  and  1881,  and  was  approved  and  ratified 
by  the  people  on  the  eighth  day  of  November,  1881. 

The  twenty-ninth  Article  was  adopted  by  the  legislatures  of 
the  poUtical  years  1884  and  1885,  and  was  approved  and  ratified 
by  the  people  on  the  third  day  of  November,  1885. 

The  thirtieth  and  thirty-first  Articles  were  adopted  by  the  legis- 
latures of  the  pohtical  years  1889  and  1890,  and  were  approved 
and  ratified  by  the  people  on  the  fourth  day  of  November,  1890. 

The  thirty-second  and  thirty-third  Articles  were  adopted  by  the 
legislatures  of  the  poUtical  years  1890  and  1891,  and  were  ap- 
proved and  ratified  by  the  people  on  the  third  day  of  November, 
1891. 


coNsirn  TioN  of  Massachusetts. 

The  tliirty-fourtli  Article  was  adopted  by  the  legislatures  of  the 
political  years  18'JI  and  l<sy2,  and  was  approved  and  ratified  by 
the  people  on  the  eighth  day  of  November,  1892. 

The  thirly-fifth  Article  was  adopted  by  the  legislatures  of  the 
political  j'ears  1892  and  1893,  and  was  approved  and  ratified  by 
the  people  on  the  seventh  day  of  November,  1893. 

The  thirty-sixth  Article  was  adopted  by  the  legislatures  of  the 
political  A-ears  1893  and  1894,  and  was  approved  and  ratified  by 
the  people  on  the  sixth  day  of  November,  1894. 

The  thirty-seventh  Article  was  adopted  by  the  legislatures  of 
the  political  years  1906  and  1907,  and  was  approved  and  ratified 
by  the  people  on  the  fifth  day  of  November,  1907. 

The  thirty-eighth  Article-  was  adopted  by  the  legislatures  of 
the  political  years  1909  and  1910,  and  was  approved  and  ratified 
by  the  people  on  the  seventh  day  of  November,  1911. 

The  thirty-ninth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1910  and  1911,  and  was  approved  and  ratified  by 
the  people  on  the  seventh  day  of  November,  1911. 

The  fortieth  and  forty-first  Articles  were  adopted  by  the  legis- 
latures of  the  political  years  1911  and  1912,  and  were  approved 
and  ratified  by  the  people  on  the  fifth  day  of  November,  1912. 

The  forty-second  Article  was  adopted  by  the  legislatures  of  the 
political  years  1912  and  1913,  and  was  approved  and  ratified  by 
the  people  on  the  fourth  day  of  November,  1913. 


[A  proposed  Article  of  Amendment  prohibiting  the  manufac- 
ture and  sale  of  Intoxicating  Liquor  as  a  beverage,  adopted  by  the 
legislatures  of  the  political  years  1888  and  1889,  was  rejected  by 
the  people  on  the  twenty-second  day  of  April,  1889.] 

[Proposed  Articles  of  Amendment,  (1)  Establishing  biennial 
clcctioas  of  state  officers,  and  (2)  Establisliing  biennial  elections 
of  members  of  the  General  Court,  adopted  by  the  legislatures  of 
the  political  years  1895  and  1896,  were  rejected  by  the  people  at 
the  annual  election  held  on  the  third  day  of  November,  1896.] 

[A  proposed  Article  of  Amendment  to  make  Women  eligible  to 
appointment  as  Notaries  Public,  adopted  by  the  legislatures  of  the 
political  years  1912  and  1913,  was  rejected  by  the  people  on  the 
fourth  day  of  November,  1913.] 


INDEX  TO  THE  CONSTITUTION. 


INDEX  TO  THE  CONSTITUTION. 


Page 
Acts  and  resolves  of  the  general  court,  provision  for  submission  of, 

to  the  people  on  referendum,  .....         49 

Address  of  both  houses  of  the  legislature,  judicial  officers  may  be 

removed  by  governor  with  consent  of  council  upon,  .  .         26 

Adjutant-general,  appointed  by  the  governor,  ....  22 
Adjutants,  to  be  appointed  by  commanding  officers  of  regiments,  .  22 
Affirmations,    instead   of   the   required   oaths,    may   be   made   by 

Quakers, 30, 31,  36 

Agriculture,  arts,  commerce,  etc.,  to  be  encouraged,        ...         29 
Alimony,  divorce,  etc.,         .  .  .  .  .  .  .  .27 

Amendment  to  the  constitution,  proposed  in  the  general  court, 
agreed  to  by  a  majority  of  senators  and  two  thirds  of 
house  present  and  voting  thereon  by  yeas  and  nays;  en- 
tered upon  the  journals  of  both  houses,  and  referred  to 
the  next  general  court;  if  the  next  general  court  agrees 
to  the  proposition  in  the  same  manner,  and  to  the  same 
effect,  it  shall  be  submitted  to  the  people,  and,  if  approved 
by  them  by  a  majority  vote,  becomes  a  part  of  the  con- 
stitution,        36,  37 

Apportionment  of  councillors,       .  .  .  .  .  .      24, 41, 42 

state  to  be  divided  into  eight  districts,    .....         42 

Apportionment  of  senators,  .  .  .  .  .  .      13, 40, 46 

on  basis  of  legal  voters,  and  state  to  be  divided  into  forty 

districts,        .........         46 

Apportionment  of  representatives,         ....  16,  39,  40,  44 

to  the  several  counties,  made  on  the  basis  of  legal  voters,  .         44 

Armies,  dangerous  to  hberty,  and  not  to  be  maintained  wdthout 

consent  of  the  legislature,        ......  8 

Arms,  right  of  people  to  keep  and  to  bear,  for  pubUc  defence,  .  8 

Arrest,  members  of  house  of  representatives  exempted  from,  on 
mesne  process,  while  going  to,  returning  from,  or  attend- 
ing the  general  assembly,         .  .  .  .  .  .18 

Arrest,  search  and  seizure,  right  of,  regulated,        ....  7 

warrant  to  contain  special  designation,  .....  7 

Attorney-general,  to  be  chosen  by  the  people  annually  in  Novem- 
ber,       21,  43 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

next  thereafter,  and  until  another  is  chosen  and  quaUfied,  43 

election  determined  by  legislature,  .....         43 

in  failure  of  election  by  the  voters,  or  in  case  of  decease  of 
person  elected,  vacancy  to  be  filled  by  joint  ballot  of  legis- 
lature from  the  two  persons  having  the  highest  number 
of  votes  at  November  election,         .....         43 

[55] 


56  INDKX    TO  THE  COiNSTITUTlOX. 


Page 


Attornoy-goncral,  viioanry  occurring  clurinR  session  of  the  legisla- 
turo,  filled  by  joint  ballot  of  legislature  from  the  people 
at  lartie 43 

vacancy  occurring  during  recess  of  legislature,  filled  by  gov- 
ernor by  appointment,  with  consent  of  council,  .         43 

not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 

next  ijreceding  election  or  appointment,   ....         43 

office  to  be  deemed  vacant  if  person  elected  or  ai)i)ointed  fails 

to  be  qualified  within  ten  days,  .....  43 
Attorneys,  district,  elected  by  the  people  of  the  several  districts,  .  .  44 
Auditor,  to  be  chosen  by  the  people  annually  in  November,    .  .         43 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

next  thereafter,  and  until  another  is  chosen  and  qualified,  43 

election  determined  by  legislature,  .....         43 

vacancy  filled  in  same  manner  as  in  office  of  attorney-general,  43 

not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 

next  preceding  election,  ......         43 

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  days,        .....         43 


B. 

Bail  or  sureties,  excessive,  not  to  be  required,         ....  9 

Bills,  money,  to  originate  in  the  house  of  representatives,  .         17 

Bills  and  resolves,  to  be  laid  before  governor  for  revisal,  .  .         10 

to  have  force  of  law  if  signed  by  governor,       ....         10 

if  objected   to   by   governor   in   writing,    to   be   returned   to 
branch  in  which  originated,  and  may  be  passed   by  two 
thirds  of  each  branch  present  and  voting  thereon  by  yeas 
and  nays,      .........         10 

if  not  returned  by  governor  within  five  days  after  presenta- 
tion, to  have  force  of  law,  unless  the  legislature  adjourns 
before  that  time  expires,  .  .  .  .  11, 34 

provision  for  submission  of,  to  the  people  on  referendum,        .         49 
Boards,  public,  to  make  quarterly  reports  to  the  governor,    .  .         22 

Body  poUtic,  foriuation  and  nature  of,  ....  .  3 

title  of:  The  Commonwealth  of  Massachusetts,       ...  10 

Bribery  or  corruption  used  in  procuring  an  appointment  or  elec- 
tion, to  disqualify  from  holding  any  office  of  trust,  etc.,    .         32 


c. 

Census  of  ratable  polls,       ........         38 

of  inhabitants, 40,  44,  45 

of  inhabitants  and  legal  voters  taken  in  the  year  1865,  and 

every  tenth  year  thereafter,   .  .  .  .  .  .  44,  46 

enumeration    of   voters  to   determine  the  apportionment   of 

representatives,     ........         44 


INDEX  TO  THE  CONSTITUTIOX.  57 

Page 


Cities,  may  be  chartered  by  the  general  court,  if  containing  twelve 
thousand  inhabitants  and  consented  to  by  a  majority 
thereof,  ........ 

Civil  officers,  meeting  for  election  to  be  held  annually  on  the  Tues- 
day next  after  the  first  Monday  in  November,    . 
whose    election   is    provided   for   by   the    constitution    to    be 
elected  by  a  plurahty  of  votes,         .... 

Clerks  of  courts,  elected  by  the  people  of  the  several  counties. 

Clerks  of  towTis,  to  make  records  and  returns  of  elections. 

Colonial  laws,  not  repugnant  to  the  constitution,  continued  in 
force,    ......... 

Commander-in-chief,  governor  to  be,    . 

Commerce,  agriculture  and  the  arts,  to  be  encouraged,   . 

Commissary-general,  appointed  and  commissioned  as  fixed  by  law,     25,  35 

Commission  officers,  tenure  of  office  to  be  expressed  in  commissions,        26 

Commissioners  of  insolvency,  elected  by  the  people  of  the  several 

counties;  annulled,  .  .  .  .  .  .  .  44, 49 

Commissions,  to  be  in  the  name  of  the  commonwealth,  signed  by 
governor,  attested  by  the  secretary,  and  have  the  great 
seal  affixed,  .........         32 

Congress,  delegates  to,         ........        27 

members  of,  may  not  hold  certain  state  offices,         ...         36 

Constitution,  amendment  to,  proposed  in  the  general  court,  agreed 
to  by  a  majority  of  senators  and  two  thirds  of  the  house 
present  and  voting  thereon  by  yeas  and  nays;  entered 
upon  the  journals  of  both  houses,  and  referred  to  the  next 
general  court;  if  the  next  general  court  agrees  to  the 
proposition  in  the  same  manner  and  to  the  same  effect,  it 
shall  be  submitted  to  the  people,  and,  if  approved  by  them 
by  a  majority  vote,  becomes  a  part  of  the  constitution. 

Constitution,  provisions  for  revising,     ..... 

to  be  enrolled  on  parchment,  deposited  in  secretary's  office 
and  printed  in  all  editions  of  the  laws. 

Coroners,  ......... 

Corrupt  practices,  in  elections,  relative  to  the  right  to  vote  by  per 
sons  disqualified  by  reason  of,  .... 

Corruption  or  bribery  used  in  procuring  any  appointment  or  elec 
tion,  to  disqualify  from  holding  any  office  of  trust,  etc.. 

Council,  five  members  to  constitute  a  quorum, 
eight  councillors  to  be  elected  annually, 

election  to  be  determined  b}'  rule  required  in  that  of  gov- 
ernor,  ......... 

to  take  oath  of  office  before  the  president  of  the  senate  in 

presence  of  both  houses  of  assembly, 
to  rank  next  after  the  lieutenant  governor, 
resolutions  and  advice  to  be  recorded  in  a  register,  and  signed 
by  the  members  present,         ..... 

register  of  council  may  be  called  for  by  either  house, 

to  exercise  the  power  of  governor  when  office  of  governor 

and  lieutenant  governor  is  vacant,  .....         25 


36,37 
33,36 

34 
21 

49 

32 

24 

24,42 

42 

29 
25 

25 
25 


58  INDEX  TO  THE  CONSTITUTION. 

Page 

Council,  no  property  qualification  required,  .....        41 

eight  districts  to  be  formed,  each  composed  of  five  contiguous 

senatorial  districts,         .......         42 

eligible  to  election  if  an  inhabitant  of  state  for  five  years  pre- 
ceding election,      ........         42 

term  of  office,       .........         37 

vacancy  to  be  filled  by  election  of  a  resident  of  the  district  by 
concurrent  vote  of  the  senate  and  house;  if  legislature  is 
not  in  session,  to  be  filled  by  governor  with  advice  of 
council,  .........         47 

Court,  suiierior,  judges  not  to  hold  certain  other  offices,                    .        36 
Court,  su|)rcnie  judicial,  judges  to  have  honorable  salaries  fixed 
by  standing  laws,   and   to  hold   oflfice  during  good   be- 
havior,   9,23 

judges  not  to  hold  certain  other  oflBces,  ....        36 

to  give  opinions  upon  important  questions  of  law,  etc.,  when 
required  by  either  branch  of  the  legislature  or  by  the 
governor  and  council,     .......         26 

Courts,  clerks  of,  elected  by  the  people  of  the  several  counties,         .         44 
Courts,  probate,  provisions  for  holding,  .....         26 

registers  elected  by  the  people  of  the  several  counties,      .  .         44 

Courts  and  judicatories  may  be  established  by  the  general  court,     .         11 

may  administer  oaths  or  affirmations,     .  .  .  .  .11 

Crimes  and  offences,  prosecutions  for,  regulated,    ....  7 

Crimes  to  be  proved  in  the  vicinity  of  where  they  happen,      .  .  7 

D. 

Debate,  freedom  of,  in  the  legislature,            .....  8 

Declaration  of  the  rights  of  the  inhabitants,            ....  4 

Declaration  and  oaths  of  officers;  tests  abohshed,  .  .      29,  35,  36 

Delegates  to  congress,          ........  27 

Departments,  legislative,  excutive  and  judicial,  to  be  kept  separate,  9 

District  attorneys,  elected  by  the  people  of  the  several  districts,       .  44 
Districts,  councillor,  eight,  each  to  be  composed  of  five  contiguous 

senatorial  districts,          .......  42 

Districts,  senatorial,  forty,  to  be  of  adjacent  territory,  and  to  con- 
tain as  near  as  may  be  ah  equal  number  of  voters,     .          .  46 
Districts,  representative,  to  be  established  by  commissioners  in  the 

several  counties,    .  .  .  .  .  .  .  39, 45 

Divorce,  alimony,  etc.,         ........  27 

E. 

Educational  interests  to  be  cherished,  .....         29 

Election,  state,  referendum  on  acts  and   resolves  of   the  general 

court  at,       .........         49 

Election  of  civil  officers,  meeting  to  be  held  annually  on  the  first 

Tuesday  next  after  the  first  Monday  in  November,  .         41 

in  case  of  failure  to  elect  representative,  meeting  to  be  held 

on  fourth  Monday  in  November, 41,  42 


INDEX  TO  THE  CONSTITUTION.  59 


Election  returns, 13,  42 

Elections  ought  to  be  free,  ........  6 

Elections,  by  the  people,  of  civil  officers  provided  for  by  the  consti- 
tution, to  be  by  plurality  of  votes,  .....         41 

voting  machines  may  be  used  at,  .  .  .  .  .  .49 

Enacting  style  of  laws,  established,       ......        33 

Equality  and  natural  rights  of  all  men,  .....  4 

Estates,  valuation  to  be  taken  anew  once  at  least  every  ten  years,  .         12 
Executive  department,  not  to  exercise  legislative  or  judicial  powers,  9 

£'x  posi /ado  laws,  declared  unjust  and  oppressive,  ...  9 


Felony  and  treason,  no  subject  to  be  declared  guilty  of,  by  the  legis- 
lature,          .........  9 

Fines,  excessive,  not  to  be  imposed,       ......  9 

Forest  lands,  taxation  of,     ........  49 

Frame  of  government,          ........  10 

Freedom  of  speech  and  debate  in  the  legislature,    ....  8 

Freehold,  possession  of,  not  required  as  qualification  for  seat  in  the 

general  court  or  council,          ......  41 

possession  of,  by  governor,  provision  requiring,  annulled,           .  48 
Fundamental  principles  of  the  constitution,  a  frequent  recurrence 

to,  recommended,           .......  8 


G. 

General  court,  to  assemble  frequently  for  redress  of  grievances,  and 

for  making  laws,    ........  8 

freedom  of  speech  and  debate  in,   .....  .  8 

not  to  declare  any  subject  to  be  guilty  of  treason  or  felony,       .  9 

formed  by  two  branches,  a  senate  and  house  of  representa- 
tives, each  having  a  negative  on  the  other,        ...         10 
to  assemble  every  year  on  the  first  Wednesday  of  January,  at 
such  other  times  as  they  shall  judge  necessary,  and  when- 
ever called  by  the  governor,  with  the  advice  of  council,  10,  19,  37 
may  constitute  and  erect  judicatories  and  courts,     .  .  .         11 

may  make  wholesome  and  reasonable  laws  and  ordinances  not 

repugnant  to  the  constitution,  .  .  .  .  .11 

may  provide  for  the  election  or  appointment  of  officers,  and 

prescribe  their  duties,     .  .  .  .  .  .  .11 

may  impose  taxes,  etc.,  to  be  used  for  the  public  service, .  .  12,  49 

to  be  dissolved  on  the  day  next  preceding  the  first  Wednes- 
day of  January,     .  .  .  .  .  .  .  .  20,  37 

travelUng  expenses  of  members;  provision  annulled,  .  .  16,  48 

may  be  adjourned  or  prorogued,  upon  its  request,  by  the  gov- 
ernor with  advice  of  council,  ......         19 

session  may  be  directed  by  governor,  with  advice  of  council, 
to  be  held  in  other  than  the  usual  place  in  case  of  an 
infectious  distemper  prevaiUng,        .  .  .  .  .  19, 20 


60 


INDKX    TO   TlIK   COiNSTlTUTION. 


Gcnoml  court,  judicial  officers  may  be  removed  upon  address  of, 

person  convicted  of  bribery,  not  to  hold  seat  in,     . 

may  increase  property  qualifications  of  persons  to  be  elected 
to  office,       ........ 

certain  officers  not  to  have  seats  in,       . 

may  be  prorogued  by  governor  and  council  for  ninety  days 
houses  disagree,  etc.,     .  .  .  . 

to  elect  major  generals  by  concurrent  vote,    . 

empowered  to  charter  cities,         ..... 

to  determine  election  of  governor,  lieutenant  governor  and 
councillors,  ......... 

to  prescribe  by  law  for  election  of  sheriffs,  registers  of  probate 
and  commissioners  of  insolvency  by  the  people  of  the  coun- 
ties, and  district  attorneys  by  the  people  of  the  districts, 

quorum,  to  consist  of  a  majority  of  members, 

powers  of,  relative  to  the  taking  of  land,  etc.,  for  widening  or 
relocating  highwaj's  or  streets,        .... 

provision  for  submission  of  bills  and  resolves  of,  to  the  peopl 
on  referendum,     ....... 

Government,  objects  of,       ......  . 

Government  by  the  people,  as  a  free,  sovereign  and  independent  state 

Governor,  the  supreme  executive  magistrate,  styled,  —  The  Gov 

ernor  of  the  Commonwealth  of  Massachusetts;    with  the 

title  of,  —  His  Excellency;  elected  annually, 

qualifications,       ........       18, 

term  of  office,       ........ 

should  have  an  honorable  stated  salary, 

the  commander-in-chief,  of  the  army  and  navy,  but  may  not 
oblige  them  to  go  out  of  the  limits  of  the  state, 

to  appoint  the  adjutant  general,    ..... 

may  call  together  the  councillors  at  any  time, 

not  to  hold  certain  other  offices,     ..... 

to  take  oaths  of  office  before  president  of  the  senate  in  pres 
cnce  of  the  two  houses  of  assembly, 

to  sign  all  commissions,  ...... 

election  determined  by  the  legislature,    .... 

veto  power,  ........ 

vacancy  in  office  of,  powers  to  be  exercised  by  the  lieutenant 
governor,      ........ 

vacancy  in  office  of  governor  and  lieutenant  governor,  power: 
to  be  exercised  by  the  council,  .... 

with  advice  of  council,  may  adjourn  or  prorogue  the  legisla- 
ture upon  request,  and  convene  the  same, 

may  adjourn  or  prorogue  the  legislature  for  not  exceeding 
ninety  days  when  houses  disagree,  or  may  direct  session 
to  be  held  in  other  than  the  usual  place  in  case  of  an  in- 
fectious distemper  prevaiUng,  ..... 

to  appoint  all  judicial  officers,  notaries  public  and  coroners; 
nominations  to  be  made  at  least  seven  days  before  ap- 
pointment,   ......... 


Page 
26 
32 

32 
31 


41,42 


44 

48 

49 

49 

5,6 

5 


18 


36, 


37 
23 

20,21 
22 
19 
31 

31 

32 

42,  43 

10 

24 

25 

19 


19 


21,35 


INDEX  TO  THE  CONSTITUTIOX.  61 

Page 
Governor,  to  appoint  officers  of  the  continental  army,     ...         22 
may  pardon  offences,  but  not  before  conviction,       ...         21 
may  fill  vacancy  in  council  occurring  when  legislature  is  not 

in  session,     .........         47 

with  consent  of  council,  may  remove  judicial  officers,  upon 

the  address  of  both  houses  of  the  legislature,     ...         26 
Governor  and  council,  to  examine  election  returns,  .  .  .  14,  42 

may  punish  persons  guilty  of  disrespect,  etc.,  by  imprison- 
ment not  exceeding  thirty  days,       .  .  .  .  .  17,  18 

quorum  to  consist  of  governor  and  at  least  five  members  of 

the  council,  .........         19 

may  require  the  attendance  of  the  secretary  of  the  common- 
wealth in  person  or  by  deputy,         .....         26 

H. 

Habeas  corpus,  privilege  of  writ  to  be  enjoyed  in  the  most  ample 
manner,  and  not  to  be  suspended  by  legislature  except 
upon  most  urgent  occasions,   ......         32 

Harvard  College,  powers  and  privileges,  gifts,  grants  and  convey- 
ances confirmed,    ........  27,  28 

board  of  overseers  estabUshed,   but  the  government  of  the 

college  may  be  altered  by  legislature,        ....         28 

officers  may  be  elected  members  of  the  general  court,        .  .         47 

Hereditary  offices  and  privileges,  absurd  and  unnatural,  .  .       5,  6 

Highwaj^s,  etc.,  taking  of  land  for  widening  or  relocating,  powers  of 

the  legislature  concerning,       ......         49 

House  of  representatives,  members  may  be  instructed  by  the  people,         8 
a  representation  of  the  people  annually  elected  and  founded 

upon  the   principle  of   equality,    .....         16 

may  impose  fines  upon  towns  not  choosing  members,        .  .         16 

expense  of  travel  once  every  session  each  way,  to  be  paid  by 

the  government;  provision  annulled,         .  .  .  .  16,  48 

to  enter  objections  made  by  governor  to  a  bill  or  resolve  at 

large  upon  records,  .......         10 

qualifications  of  members,     .  .  .  .  .  .       17, 41, 45 

must  be  an  inhabitant  of  district  for  one  year  preceding  elec- 
tion, and  shall  cease  to  be  a  member  when  ceasing  to  be 
an  inhabitant  of  the  state,       ......         45 

members  not  to  be  arrested  on  mesne  process  during  going 

to,  return  from,  or  attending  the  general  assembly,    .  .         18 

the  grand  inquest  of  the  commonwealth,  ....         17 

to  originate  all  money  bills,  but  the  senate  may  propose  or 

concur  with  amendments,        ......         17 

not  to  adjourn  more  than  two  days  at  a  time,  ...         17 

quorum  of,  ........       17,  45,  48 

to  choose  officers,  establish  its  rules,  etc.,         ....         17 

may  punish  by  imprisonment,  not  exceeding  thirty  days,  per- 
sons guilty  of  disrespect,  etc. ;  trial  may  be  by  committee,  17,  18 


62  INDKX    TO   TllK   CONSTITUTIOX. 

Page 
House  of  representatives,  privileges  of  members,    ....         18 

may  require  the  attendance  of  secretary  of  the  commonwealth 

in  person  or  by  deputy,  ......         26 

may  require  the  opinions  of  the  justices  of  the  supreme  judi- 
cial court  upon  important  questions  of  law,  and  upon 
solemn  occasions,  ........         26 

meeting  for  election  to  be  held  on  the  Tuesday  next  after  the 

first  Monday  of  November,     ......         41 

in  case  of  failure  to  elect,  meeting  to  be  held  on  the  fourth 

Monday  of  November,  .  .  .  .  .  .  .  41,  42 

to  consist  of  two  hundred  and  forty  members,  apportioned  to 
the  several  counties  equally,  according  to  relative  num- 
ber of  legal  voters,  .......         44 

commis-sioners  to  divide  counties  into  representative  districts 
of  contiguous  territory,  but  no  town  or  w^ard  of  a  city  to 
be  divided, 45 

no  district  entitled  to  elect  more  than  three  representatives,  45 

board  authorized  to  divide  county  into  districts,  to  be  certi- 
fied to  by  the  secretarj'^,  the  number  of  representatives  to 
which  the  county  is  entitled,  ......        45 

I. 

Impeachments,  by  the  house  of  representatives,  to  be  tried  by  the 
senate;    limitation  of  sentence;    party  convicted  liable  to 
indictment,  .  .  .  .  .  .  .  .  .  15,  16 

Incompatible  offices,  .  .  .  .  31,  36 

"Inhabitant,"  the  word  defined,  ......         13 

Inhabitants,  census  to  be  taken  in  1865,  and  every  tenth  year  there- 
after,     38,40,44,45 

Insolvency,  commissioners  of,  elected  by  the  people  of  the  several 

counties;  annulled,         .  .  .  .  .  .  .  44,  49 

Instruction  of  representatives,      .......  8 

J. 

Judges  of  courts  may  not  hold  certain  other  offices,  .         .  31,  36 

Judges  of  the  supreme  judicial  court,  to  hold  office  during  good 
behavior,  and  to  have  honorable  salaries  established  by 

standing  laws, 9, 23,  26 

to  give  opinions  upon  important  questions  of  law,  etc.,  when 
required  by  the  governor  and  council,  or  either  branch  of 
legislature,    .........         26 

not  to  hold  certain  other  offices,     .  .  .31 

Judicatories  and  courts,  may  be  established  by  the  general  court,     .         11 

may  administer  oaths  or  affirmations,     .  .  .11 

Judicial  department,  not  to  exercise  legislative  or  executive  powers,  9 


INDEX  TO  THE  CONSTITUTION.  63 

Page 

Judicial  officers,  appointed  by  the  governor  ^vith  consent  of  council; 

nominations  to  be  made  seven  da3'-s  prior  to  appointment,  21 

to  hold  office  during  good  behavior,  except  when  otherwise 

pro\aded  by  the  constitution,  .....         26 

may  be  removed  from  office  by  the  governor,  upon  the  address 

of  both  houses  of  the  legislature,      .....         23 

Jury,  trial  by,  right  secured,         .......  7 

Justices  of  the  peace,  commissions  to  expire  in  seven  years  from 

date  of  appointment,  but  may  be  renewed,        ...         26 
removal  of,  from  office,  .......         49 

L. 

Land,  etc.,  taking  of,  for  widening  or  relocating  highways,  etc.,        .         49 
Law-martial,  only  those  employed  in  the  army  and  navy,  and  the 
militia  in  actual  service,  subject  to,  except  by  authority 
of  the  legislature,  ........  9 

Laws,  every  person  to  have  remedy  in,  for  injury  to  person  or 

property,       .........  6 

power  of  suspension  or  execution  of,  only  in  the  legislature,   .  8 

ex  post  facto,  prohibited  as  unjust  and  inconsistent  with  free 

government,  ........  9 

of  province,  colony  and  state,  not  repugnant  to  the  constitu- 
tion, continued  in  force,  ......         32 

Legislative  power,       .  .  .  .  .  .  .  .  .     9,  49 

Legislative  department,  not  to  exercise  executive  or  judicial  powers,  9 

Legislature  (see  General  Court). 

Liberty  of  the  press,  essential  to  the  security  of  freedom,         .  .  8 
Lieutenant  governor,  to  be  annually  elected  in  November,  —  title 
of.   His   Honor;    who   shall  be  quaUfied   same    as    gov- 
ernor,   23,  37,  41,  48 

in  the  absence  of  governor,  to  be  president  of  the  council,  .         24 

to  be  acting  governor  when  the  chair  of  the  governor  is  vacant,  .         24 
to  take  oath  of  office  before  president  of  the  senate  in  pres- 
ence of  both  houses,        .  .  .  .  .  .  .31 

not  to  hold  certain  other  offices,     .  .  .  .  .  .31 

term  of  office,       .........         37 

Literature  and  the  sciences  to  be  encouraged,         ....        29 

M. 

Magistrates  and  officers,  accountable  to  the  people,        ...  5 
Magistrates  and  courts,  not  to  demand  excessive  bail,  impose  ex- 
cessive fines,  or  inflict  cruel  punishments,          ...  9 
Major  generals,  elected  by  senate  and  house  of  representatives  by 

concurrent  vote,    .  .  .  .  .  .  .  .21 

may  appoint  their  aids,          .......  22 

Marriage,  divorce  and  alimony, 27 


64  INDEX  TO  THE  CONSTITUTION. 

Page 
Martial  l;i\v,  only  those  employed  in  the  army  and  navy,  and  the 
militia  in  actual  service,  subject  to,  except  by  authority 
of  lopislnture,         ....... 

Military  power,  subordinate  to  civil  authority. 
Militia,  not  to  be  obliged  by  commander-in-chief  to  march  out  of 
the  limits  of  the  state,    ...... 

captains  and  subalterns,  elected  by  the  train-bands, 
all  members  of  companies  may  vote,  including  minors,     . 
field  officers,  elected  by  captains  and  subalterns, 
brigadiers,  elected  by  field  officers,  .... 

major  generals,  elected  by  senate  and  house  of  representatives 
by  concurrent  vote,         ...... 

mode  of  election  of  officers  to  be  fixed  by  standing  laws,  . 
if  eiectoi-s  refuse  to  elect,   governor  with  advice  of  council 
may  appoint  officers,      ...... 

oflBcers  commissioned  to  command  may  be  removed  as  may 
be  prescribed  by  law,      ...... 

appointment  of  statY  officers,  ..... 

organization;  divisions,  brigades,  regiments  and  companies 
Money,  issued  from  treasury  by  v.arrant  of  governor,  etc., 

mentioned  in  the  constitution,  to  be  computed  in  silver  at  six 
shilUngs  and  eight  pence  per  ounce, 
Money  bills,  to  originate  in  house  of  representatives, 
Moneys,  raised  or  appropriated  for  public  or  common  schools,  not 

to  be  applied  for  support  of  sectarian  schools,  . 
Moral  obligations  of  lawgivers  and  magistrates, 
Moral  qualifications  for  office,      ...... 


21 
21,35 
35 
21 
21 

21 
21 

22 

22,35 
22 
22 
22 

32 

17 


43 


Notaries  public,  to  be  appointed  bj'  governor  with  advice  of  coun- 
cil,         25,  35 

how  removed,      .  .         .         .         .         .         .  35, 49 

o. 

Oaths  and  affirmations,  may  be  administered  by  courts  and  judica- 
tories, .........         11 

how  and  by  whom  taken  and  subscribed,         .  29,  30,  31,  35 

fonns  of, 29,  30,  35 

Quakers  may  affirm,     .  .  .  .  .  .  30,  36 

to  be  taken  by  all  civil  and  military  officers,   ....         35 

Objects  of  government,  .  ,  .  .      3, 6 

Offences  and  crimes,  prosecutions  f-or,  regulated,    ....  7 

Office  of  trust,  person  convicted  of  bribery,  etc.,  not  to  hold,  .  32 

Office,  rotation  in,  right  secured,  ......  6 

all   ijersons  having  the  prescribed   qualifications  equally  eli- 
gible to,         ........  .  6 


INDEX  TO  THE  CONSTITUTION. 


65 


Page 

Office,  no  person  eligible  to,  unless  they  can  read  and  write,    .          .  44 
Officers,  civil,  legislature  may  provide  for  the  naming  and  setthng 

of, 11 

Officers,  commission,  tenure  of  office  to  be  expressed  in  commis- 
sions,  ..........  26 

Officers,  judicial,  to  hold  office  during  good  behavior,  except,  etc.,  .  26 
may  be  removed  bj'  governor,  with  consent  of  council,  upon 

the  address  of  both  houses  of  the  legislature,     ...  26 

Officers  of  former  government,  continued,      .....  33 

Officers  of  the  militia,  election  and  appointment  of,         .          .          .  21 

removal  of,           .          .          .          .          .          .          .          .          .  22,  35 

Officers  and  magistrates,  accountable  to  the  people,        ...  5 
Offices,  pluraUty  of,   prohibited  to  governor,   lieutenant  governor 

and  judges,  .          .          .          .          .          .          .          .          .  31, 36 

incompatible, 31, 32, 36 

Organization  of  the  miUtia,           .......  22 


P. 

Pardon  of  offences,  governor  with  advice  of  council  may  grant,  but 
not  before  conviction,     ....... 

People,  to  have  the  sole  right  to  govern  themselves  as  a  free,  sover- 
eign and  independent  state,     ..... 

have  a  right  to  keep  and  to  bear  arms  for  the  pubHc  defence 
have  a  right  to  assemble  to  consult  upon  the  common  good,  to 
instruct  their  representatives,  and  to  petition  legislature, 
Person  and  property,  remedy  for  injuries  to,  should  be  in  the  laws. 
Petition,  right  of,        .......  . 

Plantations,  unincorporated,  tax-paj'ing  inhabitants  may  vote  for 
councillors  and  senators,  .... 

Plurality  of  offices,      ....... 

of  votes,  election  of  civil  officers  by, 
Pohtical  year,  begins  on  the  first  Wednesday  of  January, 
Polls,  ratable,  census  of,      .....  . 

Preamble  to  constitution,    ...... 

Press,  liberty  of,  essential  to  the  security  of  freedom. 
Private  property  taken  for  public  uses,  compensation  to  be 
for,       .  .  .  .  .  . 

Probate  courts,  provisions  for  holding, 

registers,  elected  by  the  people  of  the  several  counties, 
judges  may  not  hold  certain  other  offices, 
Property  qualification,  may  be  increased  by  the  legislature, 
partially  aboUshed,       ...... 

of  governor,  annulled,  ...... 

Prosecutions  for  crimes  and  offences  regulated. 

Provincial  laws,  not  repugnant  to  the  constitution,  continued  in 

force,    .......... 


made 


21 


6 
26 
21,44 
36 
32 
41 
48 

7 

32 


66  LNDKX    ro   TllK   ("OXSTirUTIOX. 

Pape 
Piiblic  hoards  aivl  ccrtaia  oflicrrs  lo  make  (iiiartcrly  r("i)orts  to  the 

governor,       .........  22 

Public  notary  (see  Notary  jiublic). 

Public  oflicors,  right  of  people  to  secure  rotation,   ....  6 

all  persons  having   the  prescribed  qualiiications  equally  eli- 
gible,   ..........  6 

Public  religious  worship,  right  and  duty  of,   ....          .  4 

Punishments,  cruel  and  unusual,  not  to  be  inflicted,        ...  9 

Q. 

Quakers,  may  make  affirmation,  .  .  .  .  30, 36 

Qualification  of  persons  to  be  elected  to  office  may  be  increased  by 

the  legislature,        ........         32 

Qualification,  property,  of  governor,  abolished,       ....         48 

Qualification,  property,  partially  abolished,  .....         41 


Qualifications,  of  a  voter,     . 
of  governor, 
of  lieutenant  governor, 
of  councillors, 
of  senators, 
of  representatives, 


13,  17,  34,  44,  46,  47,  48,  49 
.  18,43,48 
.  23,43,48 
.  41,  43 
.  15,40,46 
.       16,41,45 


of  secretary,  treasurer,  auditor,  and  attorney-general,  .         43 

Qualifications,  moral,  of  officers  and  magistrates,   .          .          .  .           S 

Quartermasters,  appointed  by  commanding  officers  of  regiments,  22 

Quorum,  of  council,    .          .          .                              .          .          .  19, 24, 42 

of  senate,    .........  16,  46,  48 

of  house  of  representatives,   .          .          .          .          .          .  17,  45,  48 

R. 

Ratable  polls,  census  of,       ........  38 

Reading  and  writing,   knowledge  of,   necessary  qualifications  for 

voting  or  holding  office,           ......  44 

Records  of  the  commonwealth  to  be  kept  in  the  office  of  the  secre- 
tary,       26 

Referendum,  on  acts  and  resolves  of  the  general  court,  provision 

for  submission  to  the  people  to  accept  or  reject,  49 

Register  of  the  council,  resolutions  and  advice  to  be  recorded  in, 

and  signed  by  members  present,      .....  25 

Registers  of  probate,  chosen  by  the  people  of  the  several  counties,   21,  44 

ReUgious  denominations,  equal  protection  secured  to  all,        .          .  5,  38 

Religious  sect  or  denomination,  no  subordination  of  one  to  another 

to  be  established  by  law,                                     .          .          .  5, 38 

Religious  societies,  may  elect  their  own  pastors  or  rehgious  teachers,  5,  38 

membership  of,  defined,        .......  38 

Religious  worship,  pubhc,  right  and  duty  of,  and  protection  therein,  4 
support  of  the  ministry,  and  erection  and  repair  of  houses  of 

worship, 4, 5, 38 

Remedies  by  recourse  to  the  law,  to  be  free,  complete  and  prompt,  6 


INDEX  TO  THE  CONSTITUTION.  67 

Page 
Representatives  (see  House  of  representatives). 
Resolves  (see  Bills  and  resolves) . 

Returns  of  votes, 13,  19,  42,  43 

Revision  of  constitution  provided  for  in  the  year  1795,   ...         33 
Rights,  declaration  of, 4 

s. 

Sailors  and  soldiers,  who  have  served,  etc.,  during  time  of  war,  not 
disqualified  from  voting  on  account  of  non-payment  of 
poll  tax,         .........         48 

Salary,  a  stated  and  honorable  salary  to  be  established  for  the 

governor,       .........         23 

permanent  and  honorable  salaries  to  be  established  for  the 
justices  of  the  supreme  judicial  court,  and  to  be  enlarged 
if  not  sufficient,      .  .  .  .  .  .  .  .     9, 23 

School  moneys,  not  to  be  appropriated  for  sectarian  schools,   .  .         44 

Seal,  great,  of  the  commonwealth  to  be  affixed  to  all  commissions,  .         32 
Search,  seizure  and  arrest,  right  of,  regulated,         ....  7 

Secretary  of  the  commonwealth,  to  be  chosen  by  the  people  annually 

in  November,         .  .  .  .  .  .  .  .  25, 43 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

next  thereafter,  and  until  another  is  chosen  and  quahfied,         43 
manner  of  election,  etc.,  same  as  governor,      ....         43 

in  failure  of  election  by  voters,  or  in  case  of  decease  of  person 
elected,  vacancy  to  be  filled  by  joint  ballot  of  legislature, 
from  the  two  persons  ha\ing  the  highest  number  of  votes 
at  November  election,    .......         43 

vacancy  occurring  during  session  of  the  legislature,  filled  by 

joint  ballot  of  the  legislature  from  the  people  at  large,   .         43 
vacancy  occurring  when  legislature  is  not  in  session,  to  be 
filled  by  governor,  by  appointment,  with  advice  and  con- 
sent of  council,       .  .  .  .  .  .  .  .  35,  43 

not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 

next  preceding  election  or  appointment,   . 
office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 
to  be  quaUfied  within  ten  days,        .... 

records  of  commonwealth  to  be  kept  in  office  of, 
may  appoint  deputies,  for  whose  conduct  he  shall  be  account 
able,     ......... 

to  attend  governor  and  council,  senate  and  house,  in  person  or 
by  deputies,  as  they  shall  require,    .... 

to  attest  all  commissions,       ...... 

to  certify  to  board  authorized  to  divide  county  into  districts, 
the  number  of  representatives  to  which  the   county  is 
entitled,         .........         45 

Sectarian  schools,  not  to  be  maintained  at  public  expense,       .  .         44 

Selectmen,  to  preside  at  town  meetings,  elections,  etc.,  ...         13 
Self-government,  right  of,  asserted,       ......  5 


43 


26 


15, 

46 

15, 

41 
15 
15 

15, 

17 

16, 

,46, 

48 

68  INDKX  TO  THK  COXSTITUTIOX. 

Page 

Senate,  the  first  branch  of  the  legislature,  .  10,  13 

to  consist  of  forty  members,  apportionment,  etc.,  .       12,  39,  46 

to  be  chosen  annually,  .......         13 

governor  and  at  least  five  councillors,  to  examine  and  count 

votes,  and  issue  summonses  to  members,  ...         14 

to  be  final  judges  of  elections,  returns  and  qualification?  of 

their  own  members,        .......         14 

vacancy  to  be  filled  by  election,  by  people  of  the  district,  upon 

order  of  majority  of  senators  elected, 
qualifications  of  a  senator,     .... 

not  to  adjourn  more  than  two  days  at  a  time, 

to  choose  its  officers  and  establish  rules, 

shall  try  all  impeachments,   ..... 

quorum  of,  ....... 

may  punish  for  certain  offences;  trial  may  be  by  committee,     .         18 
may  require  the  attendance  of  the  secretary  of  the  common- 
wealth in  person  or  by  deputy,         .....         26 

may  require  the  opinions  of  the  justices  of  the  supreme  judicial 
court  upon  important  questions  of  law,  and  upon  solemn 
occasions,      .........        26 

to  enter  objections,  made  by  governor  to  passage  of  a  bill  or 

resolve,  at  large  on  records,     .         .         .  .10 

districts,  forty  in  number,  to  be  of  adjacent  territory,  and  to 

contain,  as  near  as  may  be,  an  equal  number  of  voters,  46 

apportionment  based  upon  legal  voters,.  ....         46 

Sheriffs,  elected  by  the  people  of  the  several  counties,     .  .  .  21,  44 

Silver,  value  of  money  mentioned  in  the  constitution  to  be  computed 

in  silver  at  six  shillings  and  eight  pence  per  ounce,     .  .         32 

Soldier,  not  to  be  quartered  in  any  house,  in  time  of  peace,  without 

consent  of  owner,  .......  9 

Soldiers  and  sailors,  who  have  served  in  time  of  war,  etc.,  not  dis- 
qualified from  voting  on  account  of  non-payment  of  poll  tax,         48 
SoUcitor-general,         .........         21 

Standing  armies,  dangerous  to  liberty  and  not  to  be  maintained 

without  consent  of  the  legislature,  .....  8 

State  election,  referendum  on  acts  and  resolves  of  the  general  court 

at, 49 

State  or  body  politic,  entitled,  —  The  Commonwealth  of  Massachu- 
setts,   10 

Streets,  etc.,  taking  of  land  for  widening  or  relocating,  powers  of  the 

legislature  concerning,   .......         49 

Supreme  judicial  court,  judges  to  have  honorable  salaries  fixed  by 

standing  laws,  and  to  hold  office  during  good  behavior,    .     9,  23 
to  give  opinions  upon  important  questions  of  law,  etc.,  when 
required  by  either  branch  of  the  legislature  or  by  the  gov- 
ernor and  council,  .......         26 

not  to  hold  certain  other  offices, 31,  36 

Sureties  of  bail,  excessive,  not  to  be  required,       ....  9 


INDEX  TO  THE  CONSTITUTION.  69 


Page 

Taxation  should  be  founded  on  consent,        .         .         .         .         .      6,  S 

Taxes,  not  to  be  levied  without  the  consent  of  the  people  or  their 

representatives,      ........  8 

may  be  imposed  by  the  legislature,  .  .  .  .  .12,49 

valuation  of  estates,  to  be  taken  anew  once  at  least  every  ten 

years,  ..........         12 

Tenure  that  all  commission  officers  shall  by  law  have  in  their  offices, 

shall  be  expressed  in  their  commissions,    ....         26 

Tests  abolished,  .........         36 

Title  of  body  politic,  —  The  Commonwealth  of  Massachusetts,        .         10 
Title  of  governor  to  be,  —  His  Excellency,     .....         18 

Title  of  lieutenant  governor  to  be,  —  His  Honor,   .  .  .  .23 

Town  clerk,  to  make  record  and  return  of  elections,        ...         13 
Town  meetings,  selectmen  to  preside  at,        .....         13 

Town  representation  in  the  legislature,  .  .  .  .       16,  39,  40 

Towns,  voting  precincts  in,  .......         47 

Travelling    expenses    of    members,    to    general    assembly    and    re- 
turning home,  once  in  every  session,  to  be  paid  by  the 
government,  ........         16 

Treason  and  felony,  no  subject  to  be  declared  guilty  of,  by  the 

legislature,    .........  9 

Treasurer  and  receiver  general,   to  be  chosen  by  the  people  an- 
nually in  November,  .      25,  26,  43 
to  hold  office  for  one  year  from  third  Wednesday  in  January 

next  thereafter,  and  until  another  is  chosen  and  qualified,  43 

manner  of  election,  etc.,  same  as  governor,      ....         43 

not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 

next  preceding  election  or  appointment,   ....         43 

no  man  ehgible  more  than  five  years  successively,    .  .  .25,  26 

in  failure  of  election  by  voters,  or  in  case  of  decease  of  person 
elected,  vacancy  to  be  filled  by  joint  ballot  of  legislature 
from  the  two  persons  having  the  highest  number  of  votes 
at  November  election,    .......         43 

vacancy  occurring  during  session  of  the  legislature,  filled  by 

joint  ballot  of  the  legislature  from  the  people  at  large,        .         43 
vacancy  occurring  when  legislature  is  not  in  session,  to  be 
filled  by  governor,  by  appointment,  with  advice  and  con- 
sent of  the  council,  .  .  .  .  .  .  .  35,  43 

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  days,        .....         43 

Treasury,  no  moneys  to  be  issued  from,  but  upon  the  warrant  of 

governor,  except,  etc.,    .......         22 

Trial  by  jury,  right  to,  secured, 7 

guaranteed  in  criminal  cases,  except  in  army  and  navy,    .  .  7 


70  IXDKX  TO  THH  CONSTITUTION. 

U. 

Page 
University  at  Cambridpo, 27,28,47 

V. 

Vacancy  in  office  of  governor,  powers  to  be  exercised  by  lieutenant 

governor,       .........         24 

Vacancy  in  offices  of  governor  and  lieutenant  governor,  powers 

to  be  exercised  by  the  council,  .....         25 

Vacancy  in  the  council,  to  be  filled  by  the  election  of  a  resident  of 
the  district  by  concurrent  vote  of  the  senate  and  house; 
if  legislature  is  not  in  session,  to  be  filled  by  governor 
with  advice  of  the  council,      .  .  .  .  .  42, 47 

Vacancy  in  the  senate,  to  be  filled  by  election  by  the  people  upon 

the  order  of  a  majority  of  senators  elected,        .  .15,  46 

Vacancy  in  office  of  secretary,   treasurer,   auditor  and  attorney- 
general,  caused  by  decease  of  person  elected,  or  failure  to 
elect,  filled  by  joint  ballot  of  legislature  from  the  two  persons 
having  highest  number  of  votes  at  November  election,      .         43 
occurring  during  session  of  legislature,  filled  by  joint  ballot 

of  legislature  from  people  at  large,  .....         43 

occurring  when  legislature  is  not  in  session,  to  be  filled  by 

governor,  by  appointment,  with  advice  of  council,     .  .  35,  43 

Vacancy  in  militia  office,  filled  by  governor  and  council,  if  electors 

neglect  or  refuse  to  make  election,  .  .  .  .  .  21,  22 

Valuation  of  estates,  to  be  taken  anew  once  in  every  ten  years  at 

least, 12 

Veto  power  of  the  governor,  .......         10 

Voters,  qualifications  of,  at  elections  for  governor,  lieutenant  gov- 
ernor, senators  and  representatives,    13,  17,  34,  44,  46,  47,  48,  49 
not  disqualified  on  account  of  non-payment  of  poll  tax  if  they 

have  served  in  the  army  or  navy  in  time  of  war,  etc.,         .         48 
male  citizens,  twenty-one  years  of  age,  who  have  resided  in 
the  state  one  year,  and  within  the  town  or  district  six 
months,  who  have  paid  a  state  or  county  tax  within  two 
years  next  preceding  the  election  of  state  officers,  and 
Buch  as  arc  exempted  by  law  from  taxation,  but  in  other 
respects  qualified,   and  who  can  write  their  names  and 
read  the  constitution  in  the  English  language,  .  .      17,  34,  44 

the  basis  upon  which  the  apportionment  of  representatives 

to  the  several  counties  is  made,        .....         44 

basis  of  apportionment  of  senators,         .....         46 

census  of,  to  be  taken  in  1865,  and  every  tenth  year  after,         .  44,  46 
referendum  to,  on  acts  and  resolves  of  the  general  court,         .         49 

Votes,  returns  of, 13,  19,  42, 43 

plurahty  of,  to  elect  civil  officers,  .  .  .  .41 
Voting  machines  may  be  used  at  elections,  .....  49 
Voting  precincts  in  towns, 47 


INDEX  TO  THE  CONSTITUTION.  71 

Page 
Wild  or  forest  lands,  taxation  of,  ......         49 

Worship,  public,  the  right  and  duty  of  all  men,      ....  4 

Writ  of  habeas  corpus,  to  be  enjoyed  in  the  most  free,  easy,  cheap 
and   expeditious   manner,    and   not  to  be  suspended  by 
legislature,  except  for  a  limited  time,        ....         32 

Writing  and  reading,  necessary  quaUfications  for  voting,  or  hold- 
ing office,       .  _       .  .  .  .  .  .  .  .44 

Writs,  to  be  issued  in  the  name  of  the  commonwealth  under  the 
seal  of  the  court,  bear  test  of  the  first  justice,  and  be 
signed  by  the  clerk,        .......        32 

Y. 

Year,  political,  begins  on  the  first  Wednesday  of  January,        .  .        37 


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